EXHIBIT 10.04
[LOGO] [LETTERHEAD OF DEPARTMENT OF THE ARMY]
May 12, 1998
Office of the Chief
Procurement Branch
Pier 400 Constructors
2122 York Road
Oak Brook, Illinois 60521
Gentlemen:
You are hereby notified that your bid, in the total estimated amount of
$141,485,450.00, for Items Nos. 0001-0021, for Stage 2, Port of Los Angeles,
Pier 400 Deep Draft, Navigation Improvements Los Angeles and Long Beach Harbors,
San Pedro Bay, Los Angeles County, California, Invitation for Bid No. DACW09-97-
B-0009, is accepted and the award of Contract No. DACW09-97-C-0035 is made to
you. The Government reserves the right to award Option Items Nos. 0022A, 0022B
and 0023 at a later date.
Payments are to be made from Appropriation No. 96X3122 CONST GEN COE CIVIL
S96041 BB012 12 300 A0000 (WN) in the amount of $7,900,000.00 and 96X8862
CONTRIBUTED FUNDS S96041 FW141 12 300 A0000 (WN) in the amount of $0. This is a
Continuing contract, reference Special Clauses, Section 00800, Paragraph 17 of
the Solicitation entitled "Continuing Contracts", EFARS 52.232-5002.
You are not to proceed with the performance of work under the contract
until you are in receipt of a Notice to Proceed from me. You are required to
furnish satisfactory Performance and Payment Bonds within ten (10) days from the
date of this award, before you proceed with the work. Bonds should bear the
surety company's bond number.
Sincerely,
/s/ J. A. Eugino
J. A. Eugino
Contracting Officer
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1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PA
SOLICITATION, OFFER, DACWO9-37-B-0009 03/18/97
AND AWARD [x] SEALED BID (IFB)
(Construction, Alteration, or Repair) [_] NEGOTIATED (RFP)
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IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
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4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
DACW09- 97-C-0035 WS1SYN- 7361-9506
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7. ISSUED BY CODE SPLCTC06 8. ADDRESS OFFER TO SPLCTC06
LOS ANGELES DISTRICT, COE LOS ANGELES DISTRICT, COE
CESPL-CT- P (S. OLIVER- HALL) CESPL-CT- P (S. OLIVER- HALL)
P.O. BOX 522711 P.O. BOX 522711
LOS ANGELES, CA 90053-2325 LOS ANGELES, CA 90053-2325
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9. FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
CALL SANDY OLIVER-HALL CO6 (213) 452-3243
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SOLICITATION
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NOTE: In sealed bid solicitations "offer' and "offeror" mean "bid" and "bidder".
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10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no data):
Stage 2. Port of Los Angeles, Pier 400 Deep Draft, Navigation Improvements.
Los Angeles and Long Beach Harbors, San Pedro Bay, Los Angeles County,
California
The Estimated Cost of this Acquisition is over $10,000,000.00
Any contract awarded under this solicitation will be made pursuant to PL
100-656 "Small Business Competitiveness Demonstration Program."
Bidders are advised that this project may be delayed, cancelled or revised
at any time during the solicitation, selection and/or final award process.
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11. The Contractor shall begin performance within 10 calendar days and complete it within 900 calendar days after receiving
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[_] award [x] notice to proceed. This performance period is [x] mandatory. [ ] negotiable. (See Section 00800.)
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12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS 128. CALENDAR DAYS
If YES, "indicate within now many calendar days a after award item 128.)
[X] YES [_] NO 010
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13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 1.00 P.M.
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(hour) local time 4/29/97 (date). If this is a sealed bid solicitation, offers must be publicity opened at that time. Sealed
envelopes containing offers shall be marked to show the offerer's name and address, the solicitation number, and the date and
time offers are due.
B. An offer guarantee [x] is. [_] is not required. SEE SECTION 00100, BID GUARANTEE FORM AND AMOUNT
C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in
full text or by reference.
D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and
will be rejected.
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1442-101
STANDARD FORM 1442 ? REV 4-1
Contract No. DACW09-97-C-0035
SCHEDULE OF PAYMENT
ITEM DESCRIPTION QUANTITY U/I UNIT PRICE AMOUNT
- ---- --------------------------------- ----------------- --- -------------- -----------------
0001 MOBILIZATION AND DEMOBILIZATION 1.00 JB L.S. . $ 6,400,000.00
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0002 DREDGE ELEMENT 101 207,000.00 CH 3.30 683,100.00
-------------- -----------------
0003 DREDGE ELEMENT 102 267,000.00 CM 6.00 1,602,000.00
-------------- -----------------
0004 DREDGE ELEMENT 103 710,000.00 CM 3.70 2,627,000.00
-------------- -----------------
0005 DREDGE ELEMENT 104 500,000.00 CM 3.50 1,750,000.00
-------------- -----------------
0006 DREDGE ELEMENT 105 2,500,000.00 CM 4.75 11,875,000.00
-------------- -----------------
0007 DREDGE ELEMENT 106 2,073,000.00 CM 7.50 15,547,500.00
-------------- -----------------
0008 DREDGE ELEMENT 107 320,000.00 CM 3.00 960,000.00
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0009 DREDGE ELEMENT 108 1,653,000.00 CM 7.50 12,397,500.00
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0010 DREDGE ELEMENT 109 1,042,000.00 CM 2.80 2,917,600.00
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0011 DREDGE ELEMENT 110 1,800,000.00 CM 3.25 5,850,000.00
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0012 DREDGE ELEMENT 111 2,973,000.00 CM 3.10 9,216,300.00
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0013 DREDGE ELEMENT 112 770,000.00 CM 3.60 2,772,000.00
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0014 DREDGE ELEMENT 113 1,798,000.00 CM 3.60 6,472,800.00
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00010-4
Contract No. DACW09-97-C-0035
SCHEDULE OF PAYMENT CONTINUATION
ITEM DESCRIPTION QUANTITY U/I UNIT PRICE AMOUNT
- ---- ---------------------- ------------ --- ------------- -----------------
0015 (Continued)
0015 DREDGE ELEMENT 114 1,205,000.00 CM 3.60 4,338,000.00
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0016 DREDGE ELEMENT 114A 241,000.00 CM 3.50 843,500.00
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0017 DREDGE ELEMENT 215
0017A FIRST 325,000 CUBIC METERS 325,000.00 CM 30.30 9,847,500.00
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0017B OVER 325,000 CUBIC METERS 300,000.00 CM 10.00 3,000,000.00
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0018 PLACE QUARRY RUN (R101-R106, R109, R110) 2,990,000.00 MT 13.53 40,454,700.00
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0019 PLACE ROCK ELEMENT 107 - A-500 ARMOR STONE 100,000.00 MT 13.53 1,353,000.00
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0020 PLACE ROCK ELEMENT 108 - A-1 ARMOR STONE 15,000.00 MT 13.53 202,950.00
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0021 PLACE GEOTEXTILE FILTER 2,500.00 M 150.00 375,000.00
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0022 OPTION ITEM - DREDGE ELEMENT 116
0022A FIRST 100,000 100,000.00 CM 3.60 360,000.00
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0022B OVER 100,000 TO 1,500,000 1,400,000.00 CM 3.60 5,040,000.00
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0023 OPTION ITEM - FILL QUALITY CONTROL AND 1.00 JB L.S. . 800,000.00
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INSTRUMENTATION INSTALLATION
TOTAL ESTIMATED AMOUNT PLUS OPTION ITEMS: $ 147,685,450.00
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TOTAL ESTIMATED CONTRACT AMOUNT: $ 141,485,450.00
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*DENOTES A CHANGE
END OF SECTION 00010
NOTE: THE GOVERMENT RESERVES THE RIGHT TO AWARD OPTION ITEMS 0022A, 0022B AND
0023 AT A LATER DATE.
Encl 1 to Amend. No. 0002
00010-5
[LOGO] [LETTERHEAD OF DEPARTMENT OF THE ARMY APPEARS HERE]
May 9, 1997
Small and Disadvantaged
Business Utilization Office
Great Lake Dredge & Dock/Connolly Pacific
Joint Venture, dba Pier 400 Constructors
ATTN: Michelle K. Youssef
Contract Plan Administrator
2122 York Road
Oak Brook, Illinois 60521
Gentlemen:
Reference is made to Solicitation No. DACW09-97-B-0009 for Stage 2, Port of
Los Angeles, Pier 400 Deep Draft, Navigation Improvements Los Angeles and Long
Beach Harbors, San Pedro Bay, Los Angeles County, California. Your
subcontracting plan dated May 1, 1997, submitted pursuant to Contract Clause No.
34, "Small Business and Small Disadvantaged Business Subcontracting Plan - DOD
Contracts - Alternate I" is hereby approved.
Sincerely,
/s/ J. A. Eugino
J. A. Eugino
Contracting officer
[LOGO] [LETTERHEAD OF DEPARTMENT OF THE ARMY]
REPLY TO
ATTENTION OF:
Office of the Chief 97 Apr 30
Contract Compliance Branch
SUBJECT: Request for Preaward Information for IFB # DACW09-97-B-0009, Stage 2,
Port of Los Angeles, Pier 400 Deep Draft, Los Angeles and Long Beach
Harbors, Los Angeles, County, California
Pier 400 Constructors
2122 York Road
Oak Brook, Illinois 60521
Mr. Douglas B. Mackie:
In accordance with Section 00100, Paragraph 5, Contractor Responsibility,
Pre-Award Survey, contained in the above-referenced project, please provide the
following information in order to perform a preaward survey on your firm:
1. List of projects completed for the past three years, including dollar
amount of each contract.
2. List of projects in progress, percentage of work completed, including
dollar value of each contract.
3. The name and qualifications of the employee designated to act as the
Project Superintendent/Manager for this contract.
4. Copy of latest financial statement.
5. General description of your firm.
Please forward this information to Mrs. Pat Bonilla, Contract Compliance
Branch, P. O. Box 2711, Los Angeles, California 90053-2325, or express mail to
911 Wilshire Blvd., Room 1040, Los Angeles, California 90017-3401, as soon as
possible. If you have any questions regarding this matter, please call (213)
452-3255 or use FAX (213) 452-4187.
Sincerely,
/s/ Pat Bonilla
for Tina A. Frazier
Chief,
Contract Compliance Branch
[LOGO APPEARS HERE]
US Army Corps of Engineers
Los Angeles District
Contracting Division
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FAX COVER SHEET
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To Douglas Machie Pier 400 Constructures
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NAME OFFICE ????^
630-574-3000 630-574-3007
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Telephone No. Fax No.
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From Par Bonilla
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NAME OFFICE ???^
213-452-3255 COMM: (213) 452-4187
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TELEPHONE NO. FAX NO.
================================================================================
Subject Request for ?????^ Survey Info
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97-B-0009
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Message Please call upon receipt of this FAX
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Thanks
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Pages
3
Including
Cover
[LOGO OF GREAT LAKES DREDGE & DOCK COMPANY]
FAX TRANSMISSION
GREAT LAKES DREDGE & DOCK COMPANY
2122 YORK ROAD
OAK BROOK, IL 60521-1930
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HYDRAULIC DREDGING DIVISION
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TELEPHONE: (630) 574-3000 FAX: (630) 574-1515
PLEASE DELIVER THE FOLLOWING AS SOON AS POSSIBLE:
DATE: 2 May 1997
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TO: Mike Ellis / Clint Larison
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COMPANY: Connelly - Pacific
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FAX PHONE NO: 562-435-2035
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FROM: Mike Ernst
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SUBJECT: Pre-Award Info - Pier 400 - Stage 2
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NO. OF PAGE(S): 4 (including cover page)
PLEASE NOTIFY US IMMEDIATELY IF TRANSMISSION IS RECEIVED IMPROPERLY
NOTES:
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________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
********** -IND. XMT JOURNAL- ********* DATE MAY-02-1997 ****** TIME 10:48 *****
DATE/TIME = MAY-02-1997 10:46
JOURNAL No. = 06
COMM.RESULT = OK
PAGE(S) = 004/004
DURATION = 00:01'30
FILE NO. = 011
MODE = MEMORY TRANSMISSION
DESTINATION = 15624352035
RECEIVED ID = /310 435 2035
RESOLUTION = FINE
********************** - - ***** - - *****************
SMALL BUSINESS AND SMALL DISADVANTAGED
BUSINESS SUBCONTRACTING PLAN
CONTRACTOR: Great Lakes Dredge & Dock/Connolly Pacific Joint Venture
ADDRESS: 2122 York Road, Oak Brook, IL 60521
SOLICITATION OR
CONTRACT NUMBER: DACW09-97-B-0009
PROJECT TITLE: Stage 2, Port of Los Angeles, Pier 400
TOTAL AMOUNT OF CONTRACT: $147,685,450.00
STATEMENT OF CORPORATE POLICY
-----------------------------
The following with any attachments, is hereby submitted as a Subcontracting Plan
to satisfy the applicable requirements as set forth in the above-mentioned
solicitation. Reference (Construction/Service) Contract Clause No. FAR
52.219.9, "Small Business and Small Disadvantaged Business Subcontracting Plan
(Feb. 1990) ALT.1."
Great Lakes Dredge & Dock/Connolly Pacific Joint Venture as contractor for the
United States Army Corps of Engineers, understands clearly the government's
requirements that the successful large business prime contractor provide the
maximum practical opportunity for Small Business and Small Disadvantaged
Business concerns to participate in the performance of the contract's
subcontracting program.
Great Lakes Dredge & Dock/Connolly Pacific Joint Venture is committed, as a
corporate policy, to compliance with both, the principle of government
regulation, dealing with the issue of Small Business (SM), Small Disadvantaged
Businesses (SDB's) and Historically Black Colleges/Minority Institutions
(HBCU/MI's) subcontracting.
The Subcontracting Plan which follows, details our commitments in this regard.
1. Type of Plan (Check One)
------------
X Individual plan (All elements developed specifically for this
---
contract and applicable for the full term of this contract).
___ Master plan (Goals developed for this contract; all other elements
standard; must be renewed annually).
___ Commercial products plan (Contractor sells large quantities of
off-the-shelf commodities to many Government agencies. Plans/goals
negotiated by a lead agency on a company-wide basis rather than for
individual contracts. Plan effective only during year approved.
Contractor must provide copy of lead agency approval).
Subcontracting Plan
Stage 2, Port of Los Angeles, Pier 400
DACW09-97-B-0009
Page 2
2. Goals - BASE
-----
a. Total estimated dollar value of all planned subcontracting, i.e., with
all types of organizations under this contract, is $8,859,547.
---
b. Total estimated dollar value and percentage of planned subcontracting
with large business concerns: $3,543,819.00 - 40%
c. Total estimated dollar value and percentage of planned subcontracting
with small business concerns: $5,315,728.00 - (60%).
d. Total dollars planned to be subcontracted to Small Non-Disadvantaged
Business Concerns: $4,518,369.00 - (85% of C.).
e. Total dollars planned to be subcontracted to Small Disadvantaged
Business Concerns: $531,572.00 - (10% of A.). This amount includes
Historical Black Colleges/Minority Institutions (HBCU/MI).
d. Total dollars planned to be subcontracted to Women Owned Business
Concerns: $265,786.00 - (5% of A.).
Goals - INCLUDING OPTIONS
-----
a. Total estimated dollar value of ali planned subcontracting, i.e., with
all types of organizations under this contract, is $9,830,586.00
---
b. Total estimated dollar value and percentage of planned subcontracting
with large business concerns: $3,932,234.00 - 40%
c. Total estimated dollar value and percentage of planned subcontracting
with small business concerns: $5,898,352.00 - (60%).
d. Total dollars planned to be subcontracted to Small Non-Disadvantaged
Business Concerns: $5,13,599.00 - (85% of C.).
e. Total dollars planned to be subcontracted to Small Disadvantaged
Business Concerns: $589,835.00 - (10% of A.). This amount includes
Historical Black Colleges/Minority Institutions (HBCU/MI).
d. Total dollars planned to be subcontracted to Women Owned Business
Concerns: $294,918.00 - (5% of A.).
3. Indirect and overhead costs have not been included in establishing goals
for both Small
Subcontracting Plan
Stage 2, Port of Los Angeles, Pier 400
DACW09-97-B-0009
Page 3
Business and Small Disadvantaged Business Concerns.
4. All products and/or services to be subcontracted under this contract, with
---
the types of organizations supplying them: (i.e., LARGE BUSINESS (LG),
SMALL BUSINESS (SB), SMALL DISADVANTAGED BUSINESS (SDB) AND WOMEN OWNED
BUSINESS (WOB).
a. Subcontracted Product/Service LG SB SDB WOB
Fuel X X
Marine Supplies X X X X
Lubricants X
Marine Hardware X X X
Paper Products X
Wire Rope & Cordage X
Towing X
Survey Services X
b. We intend to continue the use of our known SB/SDB/HBCU/MI Concerns in
the categories above and will make every effort to expand this list.
------------------------------------------
We are training our field office managers in the company purchasing
policies and allowing them more purchasing authorities.
5. The following methods are used in developing the subcontracting goals.
a. Subcontracting plan prior percentages.
b. Availability of vendors in various geographic locations as indicated
by prior experience.
c. Availability of vendors in project locations which could increase the
number of SDB/HBCU/MI sources to award subcontracts.
6. Potential sources are identified as follows:
a. Existing company vendor list.
b. Advertisements run in local newspapers.
c. Make maximum use of the new SB/SDB/HBCU/MI names received from the
sources listed.
d. New SB/SDB/HBCU/MI and WOB letters received from SBA and individual
Subcontracting Plan
Stage 2, Port of Los Angeles, Pier 400
DACW09-97-B-0009
Page 4
businesses.
e. Seek out, through their own industry contacts, new and capable
SB/SDB/HBCU/MI suppliers and technical support.
f. Attend small and minority business conferences and trade fairs.
7. Program Administrator
---------------------
a. The following employee will administer this Subcontracting Plan for
Great Lakes Dredge & Dock/Connolly Pacific Joint Venture.
Name: Michelle K. Youssef
Title: Contract Plans Administrator
Address: 2122 York Road, Oak Brook, IL 60521
Telephone: 630/574-2996
Duties: This employee has general overall responsibility for Great
Lakes Dredge & Dock Company subcontracting program, i.e.,
developing, preparing, and executing individual
subcontracting plans and monitoring performance relative to
the requirements of this particular plan. These duties
include, but are not limited to, the following activities:
a. Developing and promoting company-wide policy
initiatives that demonstrate the company's support for
awarding contracts and subcontracts to small and small
disadvantaged business concerns and assure that small
and small disadvantaged businesses are included on the
source lists for solicitations for products and
services they are capable of providing:
b. Developing and maintaining bidder's lists of small and
small disadvantaged business concerns from all possible
sources;
c. Ensuring periodic rotation of potential subcontractors
on bidder's lists:
d. Ensuring that procurement "packages" are designed to
permit the maximum possible participation of small and
small disadvantaged businesses;
e. Make arrangements for the utilization of various
sources for the identification of small and small
disadvantaged businesses such as the SBA's Procurement
Automated Source System (PASS), the National Minority
Purchasing Council Vendor Information Service, the
Subcontracting Plan
Stage 2, Port of Los Angeles, Pier 400
DACW09-97-B-0009
Page 5
Office of Minority Business Data Center in the
Department of Commerce, and the facilities of local
small business and minority associations, and contact
with Federal agency's Small and Disadvantaged Business
Utilization Specialist (SADBUS).
f. Overseeing the establishment and maintenance of
contract and subcontract award records;
g. Attending or arranging for the attendance of company
counselors at Business Opportunity Workshops, Minority
Business Enterprise Seminars, Trade Fairs, Procurement
Conferences, etc;
h. Ensure small and small disadvantaged business concerns
are made aware of subcontracting opportunities and how
to prepare responsive bids to the company;
i. Conducting or arranging for the conduct of training for
purchasing personnel regarding the intent and impact of
Public Law 95-507 on purchasing procedures;
j. Monitoring the company's performance and making any
adjustments necessary to achieve the subcontract plan
goals;
k. Preparing and submitting timely, required subcontract
reports;
l. Coordinating the company's activities during the
conduct of compliance reviews by Federal agencies; and,
8. Equitable Opportunity
---------------------
Great Lakes Dredge & Dock/Connolly-Pacific Joint Venture will maintain an
open door policy to all suppliers wishing to participate and emphasis is
continually placed on locating additional Small and Disadvantaged Business
Concerns. This will be accomplished through outreach efforts as follows:
a. Contacts with minority and small business trade associations.
b. Contacts with business development organizations.
c. Attendance at small and minority business procurement conferences and
trade fairs.
d. Develop a unique outreach program that will include the use of
Historical Black
Subcontracting Plan
Stage 2, Port of Los Angeles, Pier 400
DACW09-97-B-0009
Page 6
Colleges and Universities and Minority Institutions (HBCU/MI in
nontraditional areas such as technical assistance and marketing
applications. Set-aside acquisitions for exclusive HBCU and MI
participation maybe used if project needs technical assistance which
higher educational institutions can provide.
e. Sources will be requested from SBA's PASS system.
f. The following internal efforts will be made to guide and encourage
buyers:
1. Workshop, seminars and training programs will be conducted.
2. Activities will be monitored to evaluate compliance with this
subcontracting plan.
Small and Small Disadvantaged Business Concern source lists, guides and
other data identifying Small and Small Disadvantaged Business Concerns will
be maintained and utilized by Buyers in soliciting subcontracts.
9. Flow-Down Clause
----------------
Great Lakes Dredge & Dock/Connolly Pacific Joint Venture agrees to include
the provisions under FAR 52.219-9, "Utilization of Small Business Concerns
and Small Disadvantaged Business Concerns", in all subcontracts that
offer further subcontracting opportunities. All subcontractors, except
small business concerns, that receive subcontracts in excess of $500,000
($1,000,000 for construction) must adopt and comply with a plan similar to
the plan required by FAR 52.219-9, "Small Business and Small Disadvantaged
Business Subcontracting Plan." (FAR 19.704 (a)(4).
10. Reporting and Cooperation
-------------------------
Great Lakes Dredge & Dock/Connolly Pacific Joint Venture gives assurance of
(1) cooperation in any studies or surveys that may be required; (2)
submission of periodic reports which show compliance with the
subcontracting plan, (3) submission of Standard Form (SF)294,
"Subcontracting Report for Individual Contracts,: and SF-295, "Summary
Subcontract Report," in accordance with the instructions on the forms, and
(4) ensuring that subcontractors agree to submit Standard Forms 294 and
295.
11. Recordkeeping
-------------
The following is a recitation of the types of records Great Lakes Dredge &
Dock/Connolly Pacific Joint Venture will maintain to demonstrate the
procedures adopted to comply with the requirement and goals in the
subcontracting plan: These records will include, but not be limited to, the
following:
Subcontracting Plan
Stage 2, Port of Los Angeles, Pier 400
DACW09-97-B-0009
Page 7
a. Small and small disadvantaged business concerns source lists, guides,
and other data identifying such vendors;
b. Organizations contacted in an attempt to locate small and small
disadvantaged business sources;
c. On a contract-by-contract basis, records on all subcontract
solicitations over $100,000 which indicate for each solicitation (1)
whether small business concerns were solicited, and if not, why not;
(2) whether small disadvantaged business concerns were solicited, and
if not, why not; and (3) reason for the failure of solicited small or
small disadvantaged business concerns to receive the subcontract
award;
d. Records to support other outreach efforts, e.g., contacts with
minority and small business trade associations, attendance at small
and minority business procurement conferences and trade fairs;
e. Records to support internal guidance and encouragement provided to
buyers through (1) workshops, seminars, training programs, incentive
awards, and (2) monitoring of activities to evaluate compliances; and
f. On a contract-by-contract basis, records to support subcontract award
data including the name, address and business size of each
subcontractor.
This subcontracting plan was submitted by:
Signature: /s/ Michelle K. Youssef
--------------------------------------
Typed Name: Michelle K. Youssef
Title: Contract Plans Administrator
Date Prepared: May 1, 1997
Phone No: (630) 574-2996
Solicitation No: DACW09-97-B-0009
CERTIFICATE OF CORPORATE PRINCIPALS
1) IF THE OFFEROR IS A JOINT VENTURE, COMPLETE THE FOLLOWING:
Great Lakes Dredge &
Dock Company /s/ Signature Illegible^^ President/CEO
- -------------------- ------------------------- ----------------
(Company Name) (Signature) (Title)
Connolly-Pacific Co. /s/ Signature Illegible^^ Chairman
- -------------------- ------------------------- ----------------
(Company Name) (Signature) (Title)
____________________ _________________________ ________________
(Company Name) (Signature) (Title)
2) IF THE OFFEROR IS PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS:
____________________ _________________________ ________________
(Company Name) (Signature) (Title)
____________________ _________________________ ________________
(Company Name) (Signature) (Title)
____________________ _________________________ ________________
(Company Name) (Signature) (Title)
3) IF THE OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATION SHOULD BE
COMPLETED:
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, __________________________, certify that I am the Secretary of the
corporation named as principal in the within contract; that ___________________,
who signed the said contract on behalf of the principal, was the
______________________ of the corporation; that I know his signature and that
his signature is genuine; and that said contract was duly signed, sealed and
attested for in behalf of said corporation by authority of its governing body.
_______________________
CORPORATE PRINCIPAL
CORPORATE SEAL
_______________________
SECRETARY
00010-2a
TABLE OF CONTENTS
SECTION 00600
REPRESENTATIONS & CERTIFICATIONS
PARAGRAPH CLAUSE TITLE PAGE
1 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER 00600-1
ACTIVITY (JAN 1997)
2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1995) 00600-1
3 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN 00600-2
FEDERAL TRANSACTIONS (APR 1991)
4 52.204-3 TAXPAYER IDENTIFICATION (MAR 1994) 00600-3
5 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND 00600-5
OFFER RESPONSIBILITY MATTERS (MAR 1996)
6 52.214-2 TYPE OF BUSINESS ORGANIZATION -- SEALED BIDDING (JUL 1997) 00600-6
7 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (JAN 1997) 00600-6
8 52.219-2 EQUAL LOW BIDS (OCT 1995) 00600-8
9 52.219-19 SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS 00600-9
COMPETITIVENESS DEMONSTRATION PROGRAM (JAN 1997)
10 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984) 00600-10
11 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984) 00600-11
12 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984) 00600-11
13 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (OCT 1996) 00600-12
14 252.204-7001 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (DEC 1991) 00600-13
15 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST 00600-13
COUNTRY (SEP 1994)
16 252.209-7003 DISCLOSURE OF COMMERCIAL TRANSACTIONS WITH THE GOVERNMENT OF A TERRORIST 00600-14
COUNTRY (SEPT 1994)
i
SECTION 00600
REPRESENTATIONS & CERTIFICATIONS
17 252.219-7000 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION (DoD CONTRACTS) 00600-15
(JAN 1997)
18 252.225-7006 BUY AMERICAN ACT -- TRADE AGREEMENTS -- BALANCE OF PAYMENTS PROGRAM 00600-16
CERTIFICATE (JAN 1994)
19 252.225-7035 BUY AMERICAN ACT -- NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION 00600-18
ACT -- BALANCE OF PAYMENTS PROGRAM CERTIFICATE (MAY 1995)
20 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992) 00600-19
ii
SECTION 00600
REPRESENTATIONS & CERTIFICATIONS
1 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL
OR IMPROPER ACTIVITY (JAN 1997)
(a) If the Government receives information that a contractor or a
person has engaged in conduct constituting a violation of subsection (a),
(b), (c), or (d) of Section 27 of the Office of Federal Procurement Policy
Act (41 U.S.C. 423) (the Act), as amended by section 4304 of the 1996
National Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104-106),
the Government may--
(1) Cancel the solicitation, if the contract has not yet been
awarded or issued; or
(2) Rescind the contract with respect to which--
(i) The Contractor or someone acting for the Contractor has
been convicted for an offense where the conduct constitutes a
violation of subsection 27 (a) or (b) of the Act for the purpose
of either--
(A) Exchanging the information covered by such subsections
for anything of value: or
(B) Obtaining or giving anyone a competitive advantage in
the award of a Federal agency procurement contract, or
(ii) The head of the contracting activity has determined, based
upon a preponderance of the evidence, that the Contractor or
someone acting for the Contractor has engaged in conduct
constituting an offense ^??? punishable under subsections 27(e)
(1) of the Act.
(b) If the Government rescinds the contract under paragraph (a) of
this clause, the Government is entitled to recover, in addition to any
penalty prescribed by law, the amount expended under the contract.
(c) The rights and remedies of the Government specified herein are
not exclusive, and are in addition to any other rights and remedies
provided by law, regulation, or under this contract.
(End of clause)
2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(a) The offeror certifies that--
(1) The price in this offer have been arrived at independently,
without, for the purpose of restricting competition, any consultation,
communication, or agreement which any other offeror or competitor
relating to (i) those prices, (ii) the intention to submit an offer,
or (iii) the methods or factors used to calculate the prices offered;
(2) The price in this offer have not been and will not be knowingly
00600-1
disclosed by the offeror, directly or indirectly, to any other
offeror or competitor before bid opening (in the case of a
sealed bid solicitation) or contract award (in the case of a
negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the
offeror to induce any other concern to submit or not to submit
an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a
certification by the signatory that the signatory--
(1) Is the person in the offeror's organization
responsible for determining the prices being offered in this bid
or proposal, and that the signatory has not participated and
will not participate in any action contrary to subparagraphs (a)
(1) through (a) (3) above; or
(2) (i) Has been authorized, in writing, to act as agent
for the following principals in certifying that those principals
have not participated, and will not participate in any action
contrary to subparagraphs (a) (1) through (a) (3) above _________
_________________________________________________________________
(insert full name of person(s) in the offeror's organization
responsible for determining the prices offered in this bid or
proposal, and the title of his or her position in the offeror's
organization);
(ii) As an authorized agent, does certify that the
principals named in subdivision (b) (2) (i) above have not
participated, and will not participate, in any action contrary
to subparagraphs (a) (1) through (a) (3) above; and
(iii) As an agent, has not personally participated,
and will not participate, in any action contrary to
subparagraphs (a) (1) through (a) (3) above.
(c) If the offeror deletes or modifies subparagraph (a) (2)
above, the offeror must furnish with its offer a signed statement setting
forth in detail the circumstances of the disclosure.
(End of provision)
3 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS (APR 1991)
(a) The definitions and prohibitions contained in the clause, at PAR
52.203-12, Limitation on Payments to Influence Certain Federal
Transactions, included in this solicitation, are hereby incorporated by
reference in paragraph (b) of this certification.
(b) The offeror, by signing its offer, hereby certifies to the best
of his or her knowledge and belief that on or after December 23, 1989,--
(1) No Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress on him
or her behalf in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any
Federal contract, grant, loan, or cooperative agreement;
(2) If any funds other than Federal appropriated funds (including
profit or fee received under a covered Federal transaction) have been
paid, or will be paid, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of
Congress on his or her behalf in connection with this solicitation,
the offeror shall complete and submit, with its offer, OMB standard
form LLL, Disclosure of Lobbying Activities, to the Contracting
Officer; and
(3) He or she will include the language of this certification in
all subcontract awards at any tier and require that all recipiants of
subcontract awards in excess of $100,000 shall certify and disclose
accordingly.
(c) Submission of this certification and disclosure is a prerequisite
for making or entering into this contract imposed by section 1352, title
31, United States Code. Any person who makes an expenditure prohibited
under this provision or who fails to file or amend the disclosure form to
be filed or amended by this provision, shall be subject to a civil penalty
of not less than $10,000, and not more than $100,000, for each such
failure.
(End of provision)
4 52.204-3 TAXPAYER IDENTIFICATION (MAR 1994)
(a) Definitions.
"Common parent," as used in this solicitation provision, means that
corporate entity that owns or controls an affiliated group of corporations
that files its Federal income tax returns on a consolidated basis, and of
which the offeror is a member.
"Corporate status," as used in this solicitation provision, means a
00600-3
designation as to whether the offeror is a corporate entity, an unincorporated
entity (e.g., sole proprietorship or partnership), or a corporation providing
medical and health care services.
"Taxpayer Identification Number (TIN)," as used in this solicitation
provision, means the number required by the IRS to be used by the offeror in
reporting income tax and other returns.
(b) All offerors are required to submit the information required in
paragraphs (c) through (e) of this solicitation provision in order to comply
with reporting requirements of 26 U.S.C 6041, 6041A, and 6050M and implementing
regulations issued by the Internal Revenue Service (IRS). If the resulting
contract is subject to the reporting requirements described in FAR 4.903, the
failure or refusal by the offeror to furnish the information may result in a 31
percent reduction of payments otherwise due under the contract.
(c) Taxpayer Identification Number (TIN). Pier 400 Constructors: None
----
[X][X] TIN: REFER TO THE RIGHT: Great Lakes Dredge & Dock
------------------.
Company: 36-1163930
----------
[_] TIN has been applied for. Connolly-Pacific Co.: 46-0349158
----------
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the conduct of
a trade or business in the U.S. and does not have an office or place of business
or a fiscal paying agent in the U.S. ?????^
[_] Offeror is an agency or instrumentality of a foreign government;
[_] Offeror is an agency or instrumentality of a Federal, state, or
local government;
[_] Other. State basis, _____________________________________
(d) Corporate Status.
[_] Corporation providing medical and health care services, or
engaged in the billing and collecting of payments for such services;
[_] Other corporate entity;
[_] Not a corporate entity;
[_] Sole proprietorship
[X][X] Partnership (a joint venture)
[_] Hospital or extended care facility described in 26 CFR 501 (c)
(3) that is exempt from taxation under 26 CFR 501 (a).
(e) Common Parent.
[_] Offeror is not owned or controlled by a common parent as defined
in paragraph (a) of this clause.
[X][X] Name and TIN of common parent:
Name REFER EXPLANATIONS BELOW:
----------------------------
TIN ____________________________
"Pier 400 Constructors" is a joint venture of "Great Lakes Dredge & Dock
Company" and "Connolly-Pacific Co."
"Great Lakes Dredge & Dock Company" common parent:
Name: Great Lakes International, Inc.
-------------------------------
TIN: 36-3015839
----------
"Connolly-Pacific Co." common parent:
Name: L.G. Everist, Inc.
------------------
TIN: 46-0229601
----------
(End of provision)
5 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED
DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996)
(a)(i) The Offeror certifies, to the best of its knowledge and belief,
that--
(i) The Offeror and/or any of its Principals--
(A) Are [_] are not [X] presently debarred, suspended, proposed for
debarment, or declared ineligible for the award of contracts by any
Federal agency;
(B) Have [_] have not [X], within a three-year period preceding this
offer, been convinced of or had a civil judgment rendered against
them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
state, or local) contract or subcontract: violation of Federal or
state antitrust statutes relating to the submission of offers: or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, or
receiving stolen property; and
(C) Are [_] are not [X] presently indicted for, or otherwise
criminally or civilly charged by a governmental entity with,
commission of any of the offenses enumerated in subdivision
(a)(l)(1)(B) of this provision.
(ii) The Offeror has [_] has not [X], within a three-year period
preceding this offer, had one or more contracts terminated for default
by any Federal agency.
(2) "Principals," for the purposes of this certification, means
officers; directors; owners; partners; and, persons having primary
management or supervisory responsibilities within a business entity
(e.g., general manager: plant manager: head of a subsidiary, division, or
business segment, and similar positions).
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY
OF THE UNITED STATES AND THE MAKING OF A FALSE, PICTITIOUS, OR FRAUDULENT
CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION
1001, TITLE 18, UNITED STATES CODE.
(b) The Offeror shall provide immediate written notice to the Contracting
Officer if, at any time prior to contract award, the Offeror learns that
its certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
00600-5
(c) A certification that any of the items in paragraph (a) of this
provision exists will not necessarily result in withholding of an award
under this solicitation. However, the certification will be considered in
connection with a determination of the Offeror's responsibility. Failure of
the Offeror to furnish a certification or provide such additional
information as requested by the Contracting Officer may render the Offeror
nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith, the
certification required by paragraph (a) of this provision. The knowledge
and information of an Offeror is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business
dealings.
(e) The certification in paragraph (a) of this provision is a
material representation of fact upon which reliance was placed when making
award. If it is later determined that the Offeror knowingly rendered an
erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting
from this solicitation for default.
(End of Provision)
6 52.214-2 TYPE OF BUSINESS ORGANIZATION--SEALED BIDDING (JUL 1987)
The bidder, by checking the applicable box, represents that--
(a) It operates as [_] a corporation incorporated under the laws of
the State of _______________, [_] an individual, [_] a partnership, [_] a
nonprofit organization, or [X] a joint venture; or
(b) If the bidder is a foreign entity, it operates as [_] an
individual, [_] a partnership, [_] a nonprofit organization, [_] a joint
venture, or [_] a corporation, registered for business in _____________
(country)
(End of provision)
7 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (JAN 1997)
(a)(1) The standard industrial classification (SIC) code for this
acquisition is 1629
(2) The small business size standard is $13.5 million
(3) The small business size standard for a concern which
submits an
00600-6
offer in its own name, other than on a construction or service
contract, but which proposes to furnish a product which it did not
itself manufacture, is 500 employees.
(b) Representations. (1) The offeror represents as part of its offer
that it [ ] is, [X] is not a small business concern.
(2) (Complete only if offeror represented itself as a small
business concern in block (b)(1) of this section.) The offeror
represents as part of its offer that is [ ] is, [ ] is not a small
disadvantaged business concern.
(3) (Complete only if offeror represented itself as a small
business concern in block (b)(1) of this section.) The offeror
represents as part of its offer that it [ ] is, [ ] is not a woman-
owned small business concern.
(c) Definitions. "Joint venture," for purposes of a small
disadvantaged business (SDB) set-aside or price evaluation preference (as
prescribed at 13 CFR 124.321), is a concern that is owned and controlled by
one or more socially and economically disadvantaged individuals entering
into a joint venture agreement with one or more business concerns and is
considered to be affiliated for size purposes with such other concern(s).
The combined annual receipts or employees of the concerns entering into the
joint venture must meet the applicable size standard corresponding to the
SIC code designated for the contract. The majority of the venture's
earnings must accrue directly to the socially and economically
disadvantaged individuals in the SDB concern(s) in the joint venture. The
percentage of the ownership involvement in a joint venture by disadvantaged
individuals must be at least 51 percent.
"Small business concern," as used in this provision, means a concern,
including its affiliates, that is independently owned and operated, not
dominant in the field of operation in which it is bidding on Government
contracts, and qualified as a small business under the criteria in 13 CFR
Part 121 and the size standard in paragraph (a) of this provision.
"Small disadvantaged business concern," as used in this provision,
means a small business concern that (1) is at least 51 percent
unconditionally owned by one or more individuals who are both socially and
economically disadvantaged, or a publicly owned business having at least 51
percent of its stock unconditionally owned by one or more socially and
economically disadvantaged individuals, and (2) has its management and
daily business controlled by one or more such individuals. This term also
means a small business concern that is at least 51 percent unconditionally
owned by an economically disadvantaged Indian tribe or Native Hawaiian
Organization, or a publicly owned business having at least 51 percent of
its stock
00600-7
unconditionally owned by one or more of these entities, which has its
management and daily business controlled by members of an economically
disadvantaged Indian tribe or Native Hawaiian Organization, and which meets
the requirements of 13 CFR Part 124.
"Women-owned small business concern," as used in this provision, means a
small business concern--
(1) Which is at least 51 percent owned by one or more women or, in the
case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one
or more women.
(d) Notice. (1) If this solicitation is for supplies and has been set
aside, in whole or in part, for small business concerns, then the clause in
this solicitation providing notice of the set-aside contains restrictions on
the source of the end items to be furnished.
(2) Under 15 U.S.C 645 (d), any person who misrepresents a firm's status
as a small or small disadvantaged business concern in order to obtain a
contract to be awarded under the preference programs established pursuant to
sections 8 (a) 8 (d), 9, or 15 of the small Business Act or any other
provision of the Federal law that specifically references section 8(d) for a
definition of program eligibility, shall--
(i) Be punished by imposition of fine, imprisonment, or both:
(ii) Be subject to administrative remedies, including suspension and
debarment: and
(iii) Be in ineligible for participation in programs conducted under
the authority of the Act.
(End of provision)
8 52.219-2 EQUAL LOW BIDS (OCT 1995)
(a) This applies to small business concerns only.
(b) The bidder's status as a labor surplus area (LSA) concern may affect
entitlement to award in case of tie bids. If the bidder wishes to be
considered for this priority, the bidder must identify, in the following
space, the LSA in which the costs to be incurred on account of manufacturing
or production (by the bidder or the first-tier subcontractors) amount to more
than 50 percent of the contract price.
--------------------------------------------------------------------
00600-8
---------------------------------------------------------------------------
(c) Failure to identify the labor surplus areas as specified in
paragraph (b) of this provision will preclude the bidder from receiving
priority consideration. If the bidder is awarded a contract as a result of
receiving priority consideration under this provision and would not have
otherwise received award, the bidder shall perform the contract or cause
the contract to be performed in accordance with the obligations of an LSA
concern.
(End of provision)
9 52.219-19 SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS
COMPETITIVENESS DEMONSTRATION PROGRAM (JAN 1997)
(a) Definition.
"Emerging small business" as used in this solicitation, means a small
business concern whose size is no greater than 50 percent of the numerical
size standard applicable to the standard industrial classification code
assigned to a contracting opportunity.
(b) (Complete only if the Offeror has represented itself under the
provision at 52.219-1 as a small business concern under the size standards
of this solicitation.)
The Offeror [ ] is, [X] is not an emerging small business.
(c) (Complete only if the Offeror is a small business or an emerging
small business, indicating its size range.)
Offeror's number of employees for the past 12 months (check this
column if size standard stated in solicitation is expressed in terms of
number of employees) or Offeror's average annual gross revenue for the last
3 fiscal years (check this column if size standard stated in solicitation
is expressed in terms of annual receipts). (Check one of the following.)
----------------------------------------------------------
No. of Employees Avg. Annual Gross Revenues
----------------------------------------------------------
_____50 or fewer ______$1 million or less
_____51-100 ______$1,000,001-$2 million
_____101-250 ______$2,000,001-$3.5 million
_____251-500 ______$3,500,001-$5 million
00600-9
___501-750 ___$5,000,001-$10 million
___751-1,000 ___$10,000,001-$17 million
___Over 1,000 ___Over $17 million
- -------------------------------------------------------------------
(End of provision)
10 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984)
(a) "Segregated facilities," as used in this provision, means any waiting
rooms, work areas, rest rooms and wash rooms, restaurants and other eating
areas, time clocks, locker rooms and other storage or dressing areas,
parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees, that are
segregated by explicit directive or are in fact segregated on the basis of
race, color, religion, or national origin because of habit, local custom,
or otherwise.
(b) By the submission of this offer, the offeror certifies that it does
not and will not maintain or provide for its employees any segregated
facilities at any of its establishments, and that it does not and will not
permit its employees to perform their services at any location under its'
control where segregated facilities are maintained. The offeror agrees that
a breach of this certification is a violation of the Equal Opportunity
clause in the contract.
(c) The offeror further agrees that (except where it has obtained
identical certifications from proposed subcontractors for specific time
periods) it will--
(1) Obtain identical certificates from proposed subcontractors before
the award of subcontracts under which the subcontractor will be subject
to the Equal Opportunity clause;
(2) Retain the certifications in the files; and
(3) Forward the following notice to the proposed subcontractors
(except if the proposed subcontractors have submitted identical
certifications for specific time periods):
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS
OF NONSEGREGATED FACILITIES.
A Certification of Nonsegregated Facilities must be submitted before the
award of a subcontractor under which the subcontractor will be subject to
the Equal Opportunity clause. The certification may be submitted either for
each subcontractor or for all subcontractors.
00600-10
during a period (i.e., quarterly, semiannually, or annually). NOTE: The
penalty for making false statements in offers is prescribed in 18 U.S.C.
1001.
(End of provision)
(R 7-2003.14(b)(1) (A) 1970 AUG)
(R 1-12.803-10(d))
11 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984)
The offeror represents that--
(a) It [X]* has, [_] has not, participated in a previous contract or
-
subcontract subject either to the Equal Opportunity clause of this
solicitation, the clause originally contained in Section 310 of Executive
Order No. 10925, or the clause contained in Section 201 of Executive Order
No. 11114;
(b) It [X]* has, [_] has not, filed all required compliance reports: and
-
(c) Representations indicating submission of required compliance reports,
signed by proposed subcontractors, will be obtained before subcontract
awards.
(End of provision)
(R 7-2003.14(b)(B),(1) 1973 APR)
12 52.233-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984)
The Offeror certifies that--
(a) Any facility to be used in the performance of this proposed contract
is [_] is not [X] listed on the Environmental Protection Agency (EPA) List
-
of Violating Facilities;
(b) The Offeror will immediately notify the Contracting Officer, before
award, of the receipt of any communication from the Administrator, or a
designee, of the EPA, indicating that any facility that the Offeror
proposes to use for the performance of the contract is under consideration
to be listed on the EPA List of Violating Facilities; and
(c) The Offeror will include a certification substantially the same as
this certification, including this paragraph (c), in every nonexempt
subcontract.
(End of provision)
(AV 7-2003.71 1977 JUN)
(AV 1-1.2302-1)
*NOTE: Pier 400 Constructors is an entity with no employees. Both "Great Lakes
Dredge & Dock Company" and "Connolly-Pacific Co." respond in an affirmative
fashion to the representation.
00600-11
13 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (OCT 1996)
(a) Submission of this certification is a prerequisite for making or
entering into this contract imposed by Executive Order 12969, August 8,
1995.
(b) By signing this offer, the offeror certifies that ----
(1) As the owner or operator of facilities that will be used in the
performance of this contract that are subject to the filing and
reporting requirements described in section 313 of the Emergency
Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C.
11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA)
(42 U.S.C. 13106), the offeror will file and continue to file for such
facilities for the life of the contract the Toxic Chemical Release
Inventory Form (form R) as described in sections 313 (a) and (g) of
EPCRA and section 6607 of PPA; or
(2) None of its owned or operated facilities to be used in the
performance of this contract is subject to the Form R filing and
reporting requirements because each such facility is exempt for at
least one of the following reasons: (Check each block that is
applicable.)
[X] (i) The facility does not manufacture, process, or otherwise
use any toxic chemicals listed under section 313(c) of EPCRA, 42
U.S.C. 11023(e),
[X] (ii) The facility does not have 10 or more full-time employees
as specified in section 313(b) (1) (A) of EPCRA, 42 U.S.C. 11023
(b) (1) (A):
[X] (iii) The facility does not meet the reporting thresholds of
toxic chemicals established under section 313(f) of EPCRA, 42
U.S.C. 11023(f) (including the alternate thresholds at 40 CFR
372.27, provided an appropriate certification form has been filed
with EPA);
[X] (iv) The facility does not fail within standard Industrial
Classification Code (SIC) designations 20 through 39 as set forth
in Section 19.102 of the Federal Acquisition Regulation; or
[_] (v) The facility is not located within any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samea, the United States Virgin
Islands, the Northern Mariana Islands, or any other territory or
possession over which the United States has jurisdiction.
(End of provision)
00600-12
14 252.204-7001 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (DEC
1991)
(a) The Offeror is requested to enter its CAGE code on its offer in
the block with its name and address. The CAGE code entered must be for
that name and address. Enter CAGE before the number.
(b) If the Offeror does not have a CAGE code, it may ask the
Contracting Officer to request one from the Defense Logistics Services
Center (DLSC). The Contracting Officer will--
(1) Ask the Contractor to complete section 8 of a DD Form 2051,
Request for Assignment of a Commercial and Government Entity (CAGE)
Code;
(2) Complete section A and forward the form to DLSC; and
(3) Notify the Contractor of its assigned CAGE code.
(c) Do not delay submission of the offer pending receipt of a CAGE
code.
(End of provision)
15 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A
TERRORIST COUNTRY (SEP 1994)
(a) Definitions.
As used in this provision--
(1) "Government of a terrorist country" includes the state and
the government of a terrorist country, as well as any political
subdivision, agency, or instrumentality thereof.
(2) "Terrorist country" means a country determined by the
Secretary of State, under section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), to be a
country the government of which has repeatedly provided support for
acts of international terrorism. As of the date of this provision,
terrorist countries include: Cuba, Iran, Iraq, Libya, North Korea,
Sudan, and Syria.
(3) "Significant interest" means--
(i) Ownership of or beneficial interest in 5 percent or
more of the firm's or subsidiary's securities. Beneficial
interest includes holding 5 percent or more of any class of the
firm's securities in "nominee shares," "street names," or some
other method of holding securities that does not disclose the
beneficial owner;
(ii) Holding a management position in the firm, such as a
director or officer;
(iii) Ability to control or influence the election,
appointment, or tenure of directors or officers in the firm;
(iv) Ownership of 10 percent or more of the assets of a
firm such as
00600-13
equipment, buildings, real estate, or other tangible assets of
the firm; or
(v) Holding 50 percent or more of the indebtedness of a firm.
(b) Prohibited on award.
In accordance with 10 U.S.C. 2327, no contract may be awarded to a
firm or a subsidiary of a firm if the government of a terrorist country has
a significant interest in the firm or subsidiary, unless a waiver is
granted by the Secretary of Defense.
(c) Disclosure.
If the government of a terrorist country has a significant interest in
the Offeror or a subsidiary of the Offeror, the Offeror shall disclose such
interest in an attachment to its offer. If the Offeror is a subsidiary, it
shall also disclose any significant interest the government of a terrorist
country has in any firm that owns or controls the subsidiary. The
disclosure shall include--
(1) Identification of each government holding a significant
interest; and
(2) A description of the significant interest held by each
government.
(End of provision)
16 252.209-2003 DISCLOSURE OF COMMERCIAL TRANSACTIONS WITH GOVERNMENT OF A
TERRORIST COUNTRY (SEPT 1994)
(a) Definitions.
"Government of a terrorist country" and "terrorist country" are
defined in the Reporting of Commercial Transactions with the Government of
a Terrorist Country clause of this solicitation.
(b) Disclosure.
(1) Section 843 of the National Defence Authorization Act for
Fiscal Year 1994 (Pub. L. 103-160) requires offerors to disclose
commercial transactions conducted with the government of a terrorist
country. If this offer exceeds 55,000,000, and if the Offeror has
conducted such transactions, the Offeror shall disclose, in an
attachment to its offer, each commercial transaction that it has
conducted with the government of a terrorist country since February
28, 1994. The disclosure shall include--
(i) Identification of the government with which each
transaction was conducted; and
(ii) The nature of each transaction.
(2) This disclosure requirement does not apply to--
00600-14
(i) Transactions conducted by affiliates or subsidiaries of the
Offeror; or
(ii) Payment or receipt of payment of a judgment or award ordered
by a court or arbitral tribunal of competent jurisdiction.
(End of provision)
17 252.219-7000 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION
(DoD CONTRACTS) (JAN 1997)
(a) Definition. "Small disadvantaged business concern," as used
in this provision, means a small business concern, owned and
controlled by individuals who are both socially and economically
disadvantaged, as defined by the Small Business Administration at 13
CFR Part 124, the majority of earnings of which directly accrue to
such individuals. This term also means a small business concern owned
and controlled by an economically disadvantaged Indian tribe or Native
Hawaiian organization which meets the requirements of 13 CFR 124.112
or 13 CFR 124.113, respectively. In general, 13 CFR part 124 describes
a small disadvantaged business concern as a small business concern--
(1) Which is at least 51 percent unconditionally owned by one
or more socially and economically disadvantaged individuals; or
(2) In the case of any publicly owned business, at least 51
percent of the voting stock is unconditionally owned by one or
more socially and economically disadvantaged individuals; and
(3) Whose management and daily business operations are
controlled by one or more such individuals.
(b) Representations. Check the category in which your ownership
falls--
____ Subcontinent Asian (Asian-Indian) American (U.S. citizen with
origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or
Nepal)
____ Asian-Pacific American (U.S. citizen with origins from Japan,
China, the Philippines, Vietnam, Korea, Sapoa, Guam, U.S Trust
Territory of the Pacific Islands (Republic of Palsu), the Northern
Mariana Islands, Laos, Kampuchea (Cambodia), Taiwan, Burma,
Thailand, Malaysia, Indonesia, Singapore, Brunel, Republic of the
Marshall Islands, or the Federated States of Micronesia)
____ Black American (U.S. Citizen)
____ Hispanic American (U.S. citizen with origins from South America,
Central America, Mexico, Cuba, and the Dominican Republic, Puerto
Rico, Spain, or Portugal)
____ Native American (American Indians, Eskimos, Aleuts, or Native
00600-15
Hawaiians, including Indian tribes or Native Hawaiian organizations)
____ Individual/concern, other than one of the preceding, currently
certified for participation in the Minority Small Business and
Capital Ownership Development Program under Section 8(a) of the
Small Business Act.
____ Other
(c) Complete the following--
(1) The Offeror is ____ is not X a small disadvantaged
---
business concern
(2) The Small Business Administration (SBA) has _____ has not
____ made a determination concerning the offeror's status as a small
disadvantaged business concern. If the SBA has made a determination,
the date of the determination was __________ and the offeror--
____ Was found by SBA to be socially and economically disadvantaged
and no circumstances have changed to vary that determination.
____ Was found by SBA not to be socially and economically
disadvantaged but circumstances which caused the determination have
changed.
(d) Penalties and Remedies. Anyone who misrepresents the status of
a concern as a small disadvantaged business for the purpose of
securing a contract or subcontract shall--
(1) Be punished by imposition of fine, imprisonment or both
(2) Be subject to administrative remedies, including suspension
and debarment; and
(3) Be ineligible for participation in programs conducted under
authority of the Small Business Act.
(End of provision)
18 252.225-7006 BUY AMERICAN ACT--TRADE AGREEMENTS--BALANCE OF PAYMENTS
PROGRAM CERTIFICATE (JAN 1994)
(a) Definitions. "Caribbean Basin country end product,"
"designated country and product," "domestic and product," "NAFTA
country end product," "nondesignated country end product" "qualifying
country end product," and "U.S. made end product" have the meaning
given in the Trade Agreements or Buy American Act and Balance of
Payments Program clauses of this solicitation.
(b) Evaluation. Offers will be evaluated by giving preference
to U.S. made end products, qualifying country and products, designated
country end products, NAFTA country end products, and Caribbean Basin
country and products over other end products.
00600-16
(c) Certifications.
(1) The Offeror certifies that--
(i) Each end product, except the end products listed in paragraph
(c) (2) of this provision, is a domestic end product (as defined in the Buy
American Act and Balance of Payments Program clause of this solicitation):
and
(ii) Components of unknown origin are considered to have been mined,
produced, or manufactured outside the United States or a qualifying country.
(2) The Offeror must identify and certify all end products that are not
domestic end products.
(i) The Offeror certifies that the following supplies qualify as U.S. made
end products but do not meet the definition of domestic end product:
_________________________
(insert line item number)
(ii) The Offeror certifies that the following supplies are qualifying
country end products:
_________________________ __________________________
(insert line item number) (insert country of origin)
(iii) The Offeror certifies that the following supplies qualifying as
designated country end products:
_________________________ __________________________
(insert line item number) (insert country of origin)
(iv) The Offeror certifies that the following supplies qualify as
Caribbean Basin country end products:
_________________________ __________________________
(insert line item number) (insert country of origin)
(v) The Offeror certifies that the following supplies qualifies as
NAFTA country end products:
_________________________ __________________________
(insert line item number) (insert country of origin)
(vi) The Offeror certifies that the following supplies are other
nondesignated country end products.
_________________________ __________________________
(insert line item number) (insert country of origin)
00600-17
[End of Provision]
19 252.225-7035 BUY AMERICAN ACT--NORTH AMERICAN FREE TRADE AGREEMENT
IMPLEMENTATION ACT--BALANCE OF PAYMENTS PROGRAM CERTIFICATE
(MAY 1995)
(a) Definitions. "Domestic end Product," "qualifying country
end product," and U.S. made end product" have the meanings given
in the North American Free Trade Agreement Implementation Act or
Buy American Act and Balance of Payments Program clauses of this
solicitation.
(b) Evaluation. Offers will be evaluated by giving preference
to U.S. made end products, qualifying country end products, or
NAFTA country end products over other end products.
(c) Certifications. (1) The Offeror certifies that --
(i) Each end product, except the end products listed in
paragraph (c) (2) of this provision, is a domestic end
product (as defined in the Buy American Act and Balance of
Payments Program clause of this solicitation); and
(ii) Components of unknown origin are considered to have
been mined, produced, or manufactured outside the United
States or a qualifying country.
(2) The Offeror must identify and certify all end products
that are not domestic end products.
(i) The Offeror certifies that the following supplies
qualify as "U.S. made end products" but do not meet the
definition of "domestic end products":
----------------------------
(insert line item number)
(ii) The Offeror certifies that the following supplies are
qualifying country (except Canada) end products:
---------------------------- ---------------------------
(insert line item number) (insert country of origin)
(iii) the Offeror certifies that the following supplies
qualify as NAFTA country end products:
---------------------------- ---------------------------
(insert line item number) (insert country of origin)
(iv) The Offeror certifies that the following supplies
are other non-NAFTA country end products:
00600-18
__________________________ __________________________
(insert line item number) (insert country of origin)
(End of provision)
20 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)
(a) The Offeror shall indicate by checking the appropriate blank in
paragraph (b) of this provision whether transportation of supplies by sea
is anticipated under the resultant contract. The term "supplies" is defined
in the Transportation of Supplies by Sea clause of this solicitation.
(b) Representation. The Offeror represents that it--
______ Does anticipate that supplies will be transported by sea in the
performance of any contract or subcontract resulting from this
solicitation.
X Does not anticipate that supplies will be transported by sea in
------
the performance of any contract or subcontract resulting from this
solicitation.
(c) Any contract resulting from this solicitation will include
the Transportation of Supplies by Sea clause. If the Offeror represents
that it will not use ocean transportation, the resulting contract will also
include the Defense FAR Supplement clause at 252.247-7024. Notification of
Transportation of Supplies by Sea.
(End of provision)
END OF SECTION 00600
00600-19
TABLE OF CONTENTS
SECTION 00700
CONTRACT CLAUSES
PARAGRAPH CLAUSE TITLE PAGE
1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 00700-1
2 52.202-1 I DEFINITIONS (OCT 1995)--ALTERNATE I (APR 1984) 00700-1
3 52.203-3 GRATUITIES (APR 1984) 00700-2
4 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) 00700-2
5 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995) 00700-3
6 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) 00700-5
7 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JAN 1990) 00700-6
8 52.204-4 PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER (JUN 1996) 00700-12
9 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTOR 00700-12
DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL 1995)
10 52.214-26 AUDIT AND RECORDS--SEALED BIDDING (OCT 1995) 00700-13
11 52.214-27 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA--MODIFICATIONS-- 00700-14
SEALED BIDDING (OCT 1995)
12 52.214-28 SUBCONTRACTOR COST OR PRICING DATE--MODIFICATIONS--SEALED BIDDING (OCT 1995) 00700-16
13 52.219-8 UTILIZATION OF SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL 00700-17
BUSINESS CONCERNS (OCT 1995)
14 52.219-9 I SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS SUBCONTRACTING 00700-18
PLAN (AUG 1996)--ALTERNATE I (OCT 1995)
15 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (OCT 1995) 00700-22
16 52.222-3 CONVICT LABOR (AUG 1996) 00700-24
i
SECTION 00700
CONTRACT CLAUSES
17 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME COMPENSATION 00700-24
(JUL 1995)
18 52.222-6 DAVIS-BACON ACT (FEB 1995) 00700-25
19 52.222-7 WITHHOLDING OF FUNDS (FEB 1988) 00700-28
20 52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988) 00700-25
21 52.222-9 APPRENTICES AND TRAINEES (FEB 1988) 00700-31
22 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988) 00700-32
23 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (FEB 1988) 00700-33
24 52.222-12 CONTRACT TERMINATION--DEBARMENT (FEB 1988) 00700-33
25 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATONS (FEB 1988) 00700-34
26 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988) 00700-34
27 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988) 00700-34
28 52.222-26 EQUAL OPPORTUNITY (APR 1984) 00700-34
29 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 1984) 00700-36
30 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) 00700-42
31 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) 00700-45
32 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE 00700-46
VIETNAM ERA (JAN 1966)
33 52.223-2 CLEAN AIR AND WATER (APR 1984) 00700-47
34 52.223-6 DRUG-FREE WORKPLACE (JAN 1987) 00700-49
35 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (OCT 1996) 00700-51
ii
SECTION 00700
CONTRACT CLAUSES
36 52.225-5 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (MAY 1992) 00700-52
37 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (OCT 1996) 00700-53
38 52.225-15 BUY AMERICAN ACT-- CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS ACT 00700-53
AND NORTH AMERICAN FREE TRADE AGREEMENT (JAN 1996)
39 52.226-1 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC 00700-55
ENTERPRISE (SEP 1996)
40 52.227-1 AUTHORIZATION AND CONSENT (JUL 1995) 00700-56
41 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INPRINGEMENT 00700-57
(AUG 1996)
42 52.227-4 PATENT INDEMNITY-- CONSTRUCTION CONTRACTS (APR 1984) 00700-58
43 52.227-11 PATENT RIGHTS-- RETENTION BY THE CONTRACTOR (SHORT FORM) (JUN 1989) 00700-58
44 52.227-12 PATENT RIGHTS-- RETENTION BY THE CONTRACTOR (LONG FORM) (JAN 1997) 00700-64
45 52.228-2 ADDITIONAL BOND SECURITY (JUN 1996) 00700-73
46 52.228-11 PLEDGES OF ASSETS (FEB 1992) 00700-74
47 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (JAN 1991) 00700-75
48 52.229-5 TAXES-- CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO (APR 00700-76
1984)
49 52.232-5 PAYMENTS UNDER FIXED- PRICE CONSTRUCTION CONTRACTS (APR 1989) 00700-76
50 52.232-19 INTEREST (JUN 1996) 00700-79
51 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) 00700-79
52 52.232-27 PROMPT PAYMENT FOR CONSTRUCTIONS CONTRACTS (MAR 1994) 00700-80
53 52.233-1 DISPUTES (OCT 1995) 00700-88
iii
SECTION 00700
CONTRACT CLAUSES
54 52.233-3 PROTEST AFTER AWARD (AUG 1996) 00700-90
55 52.236-2 DIFFERING SITE CONDITIONS (APR 1984) 00700-91
56 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK 00700-92
(APR 1984)
57 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984) 00700-93
58 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984) 00700-93
59 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991) 00700-94
60 52.236-8 OTHER CONTRACTS (APR 1984) 00700-94
61 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT 00700-94
UTILITIES, AND IMPROVEMENTS (APR 1984)
62 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984) 00700-95
63 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984) 00700-95
64 52.236-12 CLEANING UP (APR 1984) 00700-95
65 52.236-13 I ACCIDENT PREVENTION (NOV 1991)-- ALTERNATE I (NOV 1991) 00700-97
66 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984) 00700-98
67 52.236-17 LAYOUT OF WORK (APR 1984) 00700-99
68 52.236-21 I SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)-- 00700-99
ALTERNATE I (APR 1984)
69 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1996) 00700-101
70 52.242-13 BANKRUPTCY (JUL 1995) 00700-101
71 52.242-14 SUSPENSION OF WORK (APR 1984) 00700-102
72 52.243-4 CHANGES (AUG 1987) 00700-102
73 52.244-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) (FEB 1995) 00700-103
iv
SECTION 00700
CONTRACT CLAUSES
74 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996) 00700-105
75 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) 00700-107
76 52.248-3 I VALUE ENGINEERING--CONSTRUCTION (MAR 1989)--ALTERNATE I (APR 1984) 00700-108
77 52.249-2 I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SEP 1996)-- 00700-111
ALTERNATE I (SEP 1996)
78 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984) 00700-116
79 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) 00700-117
80 52.253-1 COMPUTER GENERATED FORMS (JAN 1991) 00700-117
81 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) 00700-118
82 252.203-7001 SPECIAL PROHIBITION ON EMPLOYMENT (NOV 1995) 00700-118
83 252.203-7002 DISPLAY OF DOD HOTLINE POSTER (DEC 1991) 00700-119
84 252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991) 00700-120
85 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 00700-120
86 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) 00700-121
87 252.209-7000 ACQUISITION FROM SUBCONTRACTORS SUBJECT TO ON-SITE INSPECTION UNDER THE 00700-121
INTERMEDIATE-RANGE NUCLEAR FORCES (INF) TREATY (NOV 1995)
88 252.209-7004 REPORTING OF COMMERCIAL TRANSACTIONS WITH THE GOVERNMENT OF A TERRORIST 00700-121
COUNTRY (SEP 1994)
89 252.219-7003 SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS SUBCONTRACTING 00700-123
PLAN (DOD CONTRACTS) (APR 1996)
90 252.223-7004 DRUG-FREE WORK FORCE (SEP 1988) 00700-124
91 252.225-7007 TRADE AGREEMENTS (JUL 1996) 00700-126
v
SECTION 00700
CONTRACT CLAUSES
92 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (NOV 1995) 00700-129
93 252.225-7026 REPORTING OF CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES
(NOV 1995) 00700-130
94 252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 1992) 00700-131
95 252.225-7036 NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION ACT
(JAN 1994) 00700-132
96 252.227-7000 NON-ESTOPPEL (OCT 1966) 00700-133
97 252.227-7022 GOVERNMENT RIGHTS (UNLIMITED) (MAR 1979) 00700-134
98 252.227-7023 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT
(MAR 1979) 00700-134
99 252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966) 00700-134
100 252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991) 00700-135
101 252.232-7006 REDUCTION OR SUSPENSION OF CONTRACT PAYMENTS UPON
FINDING OR FRAUD (AUG 1992) 00700-135
102 252.236-7000 MODIFICATION PROPOSALS--PRICE BREAKDOWN (DEC 1991) 00700-135
103 252.236-7008 CONTRACT PRICES--BIDDING SCHEDULES (DEC 1991) 00700-136
104 252.242-7000 POSTAWARD CONFERENCE (DEC 1991) 00700-136
105 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 00700-136
106 252.247-7024 MODIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (NOV 1995) 00700-137
107 52.252-4 ALTERNATIONS IN CONTRACT
vi
SECTION 00700
CONTRACT CLAUSES
1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
This contract incorporates one or more clauses by reference, with the
same force and effect as if they were given in full text. Upon request, the
Contracting Officer will make their full text available.
(End of clause)
2 52.202-1 I DEFINITIONS (OCT 1995) -- ALTERNATE I (APR 1984)
(a) "Head of the agency" (also called "agency head") or "Secretary"
means the Secretary (or Attorney General, Administrator, Governor,
Chairperson, or other chief official, as appropriate) of the agency,
including any deputy or assistant chief official of the agency; and the
term "authorized representative" means any person, persons, or board (other
than the Contracting Officer) authorized to act for the head of the
agency or Secretary.
(b) Commercial component means any component that is a commercial
item.
(c) Component means any item supplied to the Federal Government as
part of an end item or of another component.
(d) Nondevelopmental item means --
(1) Any previously developed item of supply used exclusively for
governmental purposes by a Federal agency, a State or local
government, or a foreign government with which the United States has a
mutual defense cooperation agreement;
(2) Any item described in paragraph (a) (1) of this definition
that requires only minor modification or modifications of a type
customarily available in the commercial marketplace in order to meet
the requirements of the procuring department or agency; or
(3) Any item of supply being produced that does not meet the
requirements of paragraph (e) (1) or (e) (2) solely because the item
is not yet in use.
(e) "Contracting Officer" means a person with the authority to enter
into, administer, and/or terminate contracts and make related
determinations and findings. The term includes certain authorized
representatives of the Contracting Officer acting within the limits of
their authority as delegated by the Contracting Officer.
(f) Except as otherwise provided in this contract, the term
"subcontracts" includes, but is not limited to, purchase orders and changes
and modifications to purchase orders under this contract.
(End of clause)
00700-1
3 52.203-3 GRATUITIES (APR 1984)
(a) The right of the Contractor to proceed may be terminated by
written notice if, after notice and hearing, the agency head or a designee
determines that the Contractor, its agent, or another representative--
(1) Offered or gave a gratuity (e.g., an entertainment or gift)
to an officer, official, or employee of the Government; and
(2) Intended, by the gratuity, to obtain a contract or favorable
treatment under a contract.
(b) The facts supporting this determination may be reviewed by any
court having lawful jurisdiction.
(c) If this contract is terminated under paragraph (a) above, the
Government is entitled--
(1) To pursue the same remedies as in a breach of the contract;
and
(2) In addition to any other damages provided by law, to
exemplary damages of not less than 3 nor more than 10 times the cost
incurred by the Contractor in giving gratuities to the person
concerned, as determined by the agency head or a designee. (This
subparagraph (c) (2) is applicable only if this contract uses money
appropriated to the Department of Defense.)
(d) The rights and remedies of the Government provided in this clause
shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this contract.
(End of clause)
(R 7-104.16 1952 MAR)
4 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1954)
(a) The Contractor warrants that no person or agency has been
employed or retained to solicit or obtain this contract upon an agreement
or understanding for a contingent fee, except a bona fide employee or
agency. For breach or violation of this warranty, the Government shall have
the right to annul this contract without liability or, in its discretion,
to deduct from the contract price or consideration, or otherwise recover,
the full amount of the contingent fee.
(b) "Bona fide agency," as used in this clause, means an established
commercial or selling agency, maintained by a contractor for the purpose of
securing business, that neither exerts nor proposes to exert improper
00700-2
influence to solicit or obtain Government contracts nor holds itself out as
being able to obtain any Government contract or contracts through improper
influence.
"Bona fide employee," as used in this clause, means a person, employed by
a Contractor and subject to the Contractor's supervision and control as to
time, place, and manner of performance, who neither exerts nor proposes to
exert improper influence to solicit or obtain Government contracts nor
holds out as being able to obtain any Government contract or contracts
through improper influence.
"Contingent fee," as used in this clause, means any commission,
percentage, brokerage, or other fee that is contingent upon the success
that a person or concern has in securing a Government contract.
"Improper influence," as used in this clause, means any influence that
induces or tends to induce a Government employee or officer to give
consideration or to act regarding a Government contract on any basis other
than the merits of the matter.
(End of clause)
(R 7-103.20 1968 JAN)
(R 1-1.503)
(R 1-7.102-18)
5 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)
(a) Definitions.
"Kickback," as used in this clause, means any money, fee, commission,
credits, gift, gratuity, thing of value, or compensation of any kind which
is provided, directly or indirectly, to any prime Contractor, prime
Contractor employee, subcontractor, or subcontractor employee for the
purpose of improperly obtaining or rewarding favorable treatment in
connection with a prime contract or in connection with a subcontract
relating to a prime contract.
"Person," as used in this clause, means a corporation, partnership,
business association of any kind, trust, joint-stock company, or
individual.
"Prime contract," as used in this clause, means a contract or contractual
action entered into by the United States for the purpose of obtaining
supplies, materials, equipment, or services of any kind.
"Prime Contractor" as used in this clause, means a person who has entered
into a prime contract with the United States.
"Prime Contractor employee," as used in this clause, means any officer,
00700-3
partner, employee, or agent of a prime Contractor.
"Subcontract," as used in this clause, means a contract or
contractual action entered into by a prime Contractor or subcontractor
for the purpose of obtaining supplies, materials, equipment, or
services of any kind under a prime contract.
"Subcontractor," as used in this clause, (1) means any person,
other than the prime Contractor, who offers to furnish or furnishes
any supplies, materials, equipment, or services of any kind under a
prime contract or a subcontract entered into in connection with such
prime contract, and (2) includes any person who offers to furnish or
furnishes general supplies to the prime Contractor or a higher tier
subcontractor.
"Subcontractor employee," as used in this clause, means any
officer, partner, employee, or agent of a subcontractor.
(b) The Anti-kickback Act of 1986 (41 U.S.C. 51-58) (the Act),
prohibits any person from--
(1) Providing or attempting to provide or offering to
provide any kickback;
(2) Soliciting, accepting, or attempting to accept any
kickback; or
(3) Including, directly or indirectly, the amount of any
kickback in the contract price charged by a prime Contractor to
the United States or in the contract price charged by a
subcontractor to a prime Contractor or higher tier subcontractor.
(c) (1) The Contractor shall have in place and follow
reasonable procedures designed to prevent and detect possible
violations described in paragraph (b) of this clause in its own
operations and direct business relationships.
(2) When the Contractor has reasonable grounds to believe
that a violation described in paragraph (b) of this clause may
have occurred, the Contractor shall promptly report in writing
the possible violation. Such reports shall be made to the
inspector general of the contracting agency, the head of the
contracting agency if the agency does not have an inspector
general, or the Department of Justice.
(3) The Contractor shall cooperate fully with any Federal
agency investigating a possible violation described in paragraph
(b) of this clause.
(4) The Contracting Officer may (i) offset the amount of
the kickback against any monies owed by the United States under
the prime contract and/or (ii) direct that the Prime Contractor
withhold from sums owed a subcontractor under the prime contract
the amount of the kickback. The Contracting Officer may order
that monies withheld under subdivision (c) (4) (ii) of this
clause be paid over to the Government unless the
00700-4
Government has already offset those monies under subdivision (c) (4)
(i) of this clause. In either case, the Prime Contractor shall notify
the Contracting Officer when the monies are withheld.
(5) The Contractor agrees to incorporate the substance of this
clause, including subparagraph (c) (5) but excepting subparagraph (c)
(1), in all subcontracts under this contract which exceed $100,000.
(End of clause)
6 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR, IMPROPER ACTIVITY
(JAN 1997)
(a) The Government, at its election, may reduce the price of a fixed-
price type contract and the total cost and fee under a cost-type contract
by the amount of profit or fee determined as set forth in paragraph (b) of
this clause if the head of the contracting activity or designee determines
that there was violation of subsection 27 (a), (b) or (c) of the Office of
Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented
in section 3.104 of the Federal Acquisition Regulation.
(b) The price or fee reduction referred to in paragraph (a) of this
clause shall be--
(1) For cost-plus-fixed-fee contracts, the amount of the fee
specified in the contract at the time of award,
(2) For cost-plus-incentive-fee contracts, the target fee
specified in the contract at the time of award, notwithstanding any
minimum fee or "fee floor" specified in the contract;
(3) For cost-plus-award-fee contracts--
(i) The base fee established in the contract at the time of
contract award;
(ii) If no base fee is specified in the contract, 30 percent
of the amount of each award fee otherwise payable to the
Contractor for each award fee evaluation period or at each award
fee determination point.
(4) For fixed-price-incentive contracts, the Government may--
(i) Reduce the contract target price and contract target
profit both by an amount equal to the initial target profit
specified in the contract at the time of contract award, or
(ii) If an immediate adjustment to the contract target price
and contract target profit would have a significant adverse
impact on the incentive price revision relationship under the
contract, or adversely affect the contract financing provisions,
the Contracting Officer may defer such adjustment until
establishment of the total final price of
00700-5
the contract. The total final price established in accordance with the
incentive price revision provisions of the contract shall be reduced
by an amount equal to the initial target profit specified in the
contract at the time of contract award and such reduced price shall be
the total final contract price.
(5) For firm-fixed-price contracts, by 10 percent of the initial
contract price or profit amount determined by the Contracting Officer from
records or documents in existence prior to the date of the contract award.
(c) The Government may, at its election, reduce a prime contractor's price
or fee in accordance with the procedures of paragraph (b) of this clause for
violations of the Act by its subcontractors by an amount not to exceed the
amount of profit or fee reflected in the subcontract at the time the
subcontract was first definitively priced.
(d) In addition to the remedies in paragraphs (a) and (c) of this clause,
the Government may terminate this contract for default. The rights and
remedies of the Government specified herein are not exclusive, and are in
addition to any other rights and remedies provided by law or under this
contract.
(End of clause)
7 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (JAN 1990)
(a) Definitions.
"Agency," as used in this clause, means executive agency as defined in
2.101.
"Covered Federal action," as used in this clause, means any of the
following Federal actions:
(a) The awarding of any Federal contract.
(b) The making of any Federal grant.
(c) The making of any Federal loan.
(d) The entering into of any cooperative agreement.
(e) The extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
"Indian tribe" and "tribal organization," as used in this clause, have the
meaning provided in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 4508) and include Alaskan Natives.
"Influencing or attempting to influence," as used in this clause, means
making, with the intent to influence, any communication to or appearance
00700-6
before an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with any covered Federal action.
"Local government," as used in this clause, means a unit of
government in a State and, if chartered, established, or otherwise
recognized by a State for the performance of a governmental duty, including
a local public authority, a special district, an intrastate district, a
council of governments, a sponsor group representative organization, and
any other instrumentality of a local government.
"Officer or employee of an agency," as used in this clause, includes
the following individuals who are employed by an agency:
(a) An individual who is appointed to a position in the Government
under title 5, United States Code, including a position under a temporary
appointment.
(b) A member of the uniformed services, as defined in subsection 101
(3), title 37, United States Code.
(c) A special Government employee, as defined in section 202, title
18, United States Code.
(d) An individual who is a member of a Federal advisory committee, as
defined by the Federal Advisory Committee Act, title 5, United States Code,
appendix 2.
"Person," as used in this clause, means an individual, corporation,
company, association, authority, firm, partnership, society, State, and
local government, regardless of whether such entity is operated for profit,
or not for profit. This term excludes an Indian tribe, tribal organization,
or any other Indian organization with respect to expenditures specifically
permitted by other Federal law.
"Reasonable compensation," as used in this clause, means, with respect
to a regularly employed officer or employee of any person, compensation
that is consistent with the normal compensation for such officer or
employee for work that is not furnished to, not funded by, or not furnished
in cooperation with the Federal Government.
"Reasonable payment," as used in this clause, means, with respect to
professional and other technical services, a payment in an amount that is
consistent with the amount normally paid for such services in the private
sector.
"Recipient," as used in this clause, includes the Contractor and all
subcontractors. This term excludes an Indian tribe, tribal organization, or
any other Indian organization with respect to expenditures specifically
permitted by other Federal law.
"Regularly employed," as used in this clause, means, with respect to
an
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officer or employee of a person requesting or receiving a Federal
contract, an officer or employee who is employed by such person for at
least 130 working days within 1 year immediately preceding the date of
the submission that initiates agency consideration of such person for
receipt of such contract. An officer or employee who is employed by
such person for less than 130 working days within 1 year immediately
preceding the date of the submission that initiates agency
consideration of such person shall be considered to be regularly
employed as soon as he or she is employed by such person for 130
working days.
"State," as used in this clause, means a State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, a
territory or possession of the United States, an agency or
instrumentality of a State, and multi-State, regional, or interstate
entity having governmental duties and powers.
(b) Prohibitions.
(1) Section 1352 of title 31, United States Code, among other
things, prohibits a recipient of a Federal contract, grant, loan,
or cooperative agreement from using appropriated funds to pay any
person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with any of the following covered Federal actions: the
awarding of any Federal contract; the making of any Federal
grant; the making of any Federal loan; the entering into of any
cooperative agreement; or the modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) The Act also requires Contractors to furnish a disclosure
if any funds other than Federal appropriated funds (including
profit or fee received under a covered Federal transaction) have
been paid, or will be paid, to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with a Federal
contract, grant, loan, or cooperative agreement.
(3) The prohibitions of the Act do not apply under the
following conditions:
(1) Agency and legislative liaison by own employees.
(A) The prohibition on the use of appropriated funds, in
subparagraph (b) (1) of this clause, does not apply in the
case of a payment of reasonable compensation made to an
officer or employee of a person requesting or receiving a
covered Federal action if the payment is for agency and
legislative liaison activities not directly related to a
covered Federal action.
00700-8
(B) For purposes of subdivision (b) (3) (i) (A) of this clause,
providing any information specifically requested by an agency or
Congress is permitted at any time.
(C) The following agency and legislative liaison activities are
permitted at any time where they are not related to a specific
solicitation for any covered Federal action;
(1) Discussing with an agency the qualities and
characteristics (including individual demonstrations) of the
person's products or services, conditions or terms of sale, and
service capabilities.
(2) Technical discussions and other activities regarding the
application or adaptation of the person's products or services
for an agency's use.
(D) The following agency and legislative liaison activities are
permitted where they are prior to formal solicitation of any covered
Federal action--
(1) Providing any information not specifically requested but
necessary for an agency to make an informed decision about
initiation of a covered Federal action;
(2) Technical discussions regarding the preparation of an
unsolicited proposal prior to its official submission; and
(3) Capability presentations by persons seeking awards from
an agency pursuant to the provisions of the Small Business Act,
as amended by Pub. L. 95-507, and subsequent amendments.
(E) Only those services expressly authorized by subdivision (b)
(3) (i) (A) of this clause are permitted under this clause.
(ii) Professional and technical services.
(A) The prohibition on the use of appropriated funds, in
subparagraph (b) (i) of this clause, does not apply in the case of --
(1) A payment of reasonable compensation made to an officer or
employee of a person requesting or receiving a covered Federal action
or an extension, continuation, renewal, amendment, or modification of
a covered Federal action, if payment is for professional or technical
services rendered directly in the preparation, submission, or
negotiation of any bid, proposal, or application for that Federal
action or for meeting requirements imposed by or pursuant to law as a
condition for receiving that Federal action.
(2) Any reasonable payment to a person, other than an officer
or employee of a person requesting or receiving a covered Federal
action or an extension, continuation, renewal, amendment, or
modification of a covered Federal action if the payment is for
00700-9
professional or technical services rendered directly in the
preparation, submission, or negotiation of any bid, proposal, or
application for that Federal action or for meeting requirements
imposed by or pursuant to law as a condition for receiving that
Federal action. Persons other than officers or employees of a
person requesting or receiving a covered Federal action include
consultants and trade associations.
(B) For purposes of subdivision (b) (3) (ii) (A) of this clause,
"professional and technical services" shall be limited to advice and
analysis directly applying any professional or technical discipline.
For example, drafting of a legal document accompanying a bid or
proposal by a lawyer is allowable. Similarly, technical advice
provided by an engineer on the performance or operational capability
of a piece of equipment rendered directly in the negotiation of a
contract is allowable. However, communications with the intent to
influence made by a professional (such as a licensed lawyer) or a
technical person (such as a licensed accountant) are not allowable
under this section unless they provide advice and analysis directly
applying their professional or technical expertise and unless the
advice or analysis is rendered directly and solely in the preparation,
submission or negotiation of a covered Federal action. Thus, for
example, communications with the intent to influence made by a lawyer
that do not provide legal advice or analysis directly and solely
related to the legal aspects of his or her client's proposal, but
generally advocate one proposal over another are not allowable under
this section because the lawyer is not providing professional legal
services. Similarly, communications with the intent to influence made
by an engineer providing an engineering analysis prior to the
preparation or submission of a bid or proposal are not allowable under
this section since the engineer is providing technical services but
not directly in the preparation, submission or negotiation of a
covered Federal action.
(C) Requirements imposed by or pursuant to law as a condition for
receiving a covered Federal award include these required by law or
regulation and any other requirements in the actual award documents.
(D) Only these services expressly authorized by subdivisions (b)
(3) (ii) (A) (1) and (2) of this clause are permitted under this
clause.
(E) The reporting requirements of FAR 3.803 (a) shall not apply
with respect to payments of reasonable compensation made to regularly
employed officers or employees of a person.
(c) Disclosure.
00700-10
(1) The Contractor who requests or receives from an agency a Federal
contract shall file with that agency a disclosure form, OMB standard from
LLL, Disclosure of Lobbying Activities, if such person has made or has
agreed to make any payment using nonappropriated funds (to include profits
from any covered Federal action), which would be prohibited under
subparagraph (b) (1) of this clause, if paid for with appropriated funds.
(2) The Contractor shall file a disclosure form at the end of each
calendar quarter in which there occurs any event that materially affects
the accuracy of the information contained in any disclosure form previously
filed by such person under subparagraph (c) (1) of this clause. An event
that materially affects the accuracy of the information reported
includes--
(i) A cumulative increase of $25,000 or more in the amount paid
or expected to be paid for influencing or attempting to influence a
covered Federal action; or
(ii) A change in the person(s) or individual(s) influencing or
attempting to influence a covered Federal action; or
(iii) A change in the officer(s), employee(s), or Member(s)
contacted to influence or attempt to influence a covered Federal
action.
(3) The Contractor shall require the submittal of a certification, and
if required, a disclosure form by any person who requests or receives any
subcontract exceeding $100,000 under the Federal contract.
(4) All subcontractor disclosure forms (but not certifications) shall
be forwarded from tier to tier until received by the prime Contractor. The
prime Contractor shall submit all disclosures to the Contracting Officer at
the end of the calendar quarter in which the disclosure form is submitted
by the subcontractor. Each subcontractor certification shall be retained in
the subcontract file of the awarding Contractor.
(d) Agreement. The Contractor agrees not to make any payment prohibited by
this clause.
(e) Penalties.
(1) Any person who makes an expenditure prohibited under paragraph
(a) of this clause or who fails to file or amend the disclosure form to be
filed or amended by paragraph (b) of this clause shall be subject to civil
penalties as provided for by 31 U.S.C. 1352. An imposition of a civil
penalty does not prevent the Government from seeking any other remedy that
may be applicable.
(2) Contractors may rely without liability on the representation made by
their subcontractors in the certification and disclosure form.
00700-11
^(?) Cost allowability. Nothing in this clause makes allowable or
reasonable any costs which would otherwise be unallowable or unreasonable.
Conversely, costs made specifically unallowable by the requirements in this
clause will not be made allowable under any other provision.
(End of Clause)
8 52.204-4 PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER (JUN 1996)
(a) In accordance with Executive Order 12873, dated October 20, 1993,
as amended by Executive Order 12995, dated March 25, 2996, the
Offeror/Contractor is encouraged to submit paper documents, such as offers,
letters, or reports, that are printed/copied double-sided on recycled paper
that has at least 20 percent postconsumer material.
(b) The 20 percent standard applies to high-speed copier paper,
offset paper, forms bond, computer printout paper, carbonless paper, file
folders, white woven envelopes, and other uncoated printed and writing
paper, such as writing and office paper, book paper, cotton fiber paper,
and cover stock. An alternative to meeting the 20 percent postconsumer
material standard is 50 percent recovered material content of certain
industrial by-products.
(End of Clause)
9 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING
WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT (JUL 1995)
(a) The Government suspends or debars Contractors to protect the
Government's interest. The Contractor shall not enter into any subcontract
in excess of $25,000 with a Contractor that is debarred, suspended, or
proposed for debarment unless there is a compelling reason to do so.
(b) The Contractor shall require each proposed first-tier
subcontractor, whose subcontract will exceed $25,000, to disclose to the
Contractor, in writing, whether as of the time of award of the subcontract,
the subcontractor, or its principals, is or is not debarred, suspended, or
proposed for debarment by the Federal Government.
(c) A corporate officer or a designee of the Contractor shall notify
the Contracting Officer, in writing, before entering into a subcontract
with a party that is debarred, suspended or proposed for debarment (see
00700-12
FAR 9.404 for information on the List of Parties Excluded from Federal
Procurement and Nonprocurement Programs). The notice must include the
following:
(1) The name of the subcontractor.
(2) The Contractor's knowledge of the reasons for the subcontractor
being on the List of Parties Excluded from Federal Procurement and
Nonprocurement Programs.
(3) The compelling reason(s) for doing business with the subcontractor
notwithstanding its inclusion on the List of Parties Excluded from
Federal Procurement and Nonprocurement Programs.
(4) The systems and procedures the Contractor has established to
ensure that it is fully protecting the Government's interests when
dealing with such subcontractor in view of the specific basis for the
party's debarment, suspension, or proposed debarment.
(End of clause)
10 52.214-26 AUDIT AND RECORDS--SEALED BIDDING (OCT 1995)
(a) As used in this clause, records includes books, documents, accounting
procedures and practices, and other data, regardless of type and regardless
of whether such items are in written form, in the form of computer data, or
in any other form.
(b) Cost or pricing data. If the Contractor has been required to submit
cost or pricing data in connection with the pricing of any modification to
this contract, the Contracting Officer, or an authorized representative of
the Contracting Officer, in order to evaluate the accuracy, completeness,
and currency of the cost of pricing data, shall have the right to examine
and audit all of the Contractor's records, including computations and
projections, related to--
(1) The proposal for the modification;
(2) The discussions conducted on the proposal(s), including those
related to negotiating;
(3) Pricing of the modification, or
(4) Performance of the modification.
(c) Comptroller General. In the case of pricing any modification, the
Comptroller General of the United States, or an authorized representative,
shall have the same rights as specified in paragraph (b) of this clause.
(d) Availability. The Contractor shall make available at its office at
all reasonable times the materials described in reproduction, until 3 years
after final payment under this contract, or for any other period specified
00700-13
in Subpart 4.7 of the Federal Acquisition Regulation (FAR). FAR Subpart
4.7, Contractor Records Retention, in effect on the data of this contract,
is incorporated by reference in its entirety and made a part of this
contract.
(1) If this contract is completely or partially terminated, the
records relating to the work terminated shall be made available for 3
years after any resulting final termination settlement.
(2) Records pertaining to appeals under the Disputes clause or to
litigation or the settlement of claims arising under or relating to the
performance of this contract shall be made available until disposition of
such appeals, litigation, or claims.
(e) The Contractor shall insert a clause containing all the provisions
of this clause, including this paragraph (e), in all subcontracts expected
to exceed the threshold in FAR 15.804-2(a) (1) for submission of cost or
pricing data.
(End of clause)
11 52.214-27 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA--
MODIFICATIONS-- SEALED BIDDING (OCT 1995)
(a) This clause shall become operative only for any modification to this
contract involving aggregate increases and/or decreases in costs, plus
applicable profits, expected to exceed the threshold for the submission of
cost or pricing data at FAR 15.804-2(a) (1), expect that this clause does
not apply to a modification if an exception under FAR 15.804-1 applies.
(b) If any price, including profit, negotiated in connection with any
modification under this clause, was increased by any significant amount
because (1) the Contractor or a subcontractor furnished cost or pricing
data that were not complete, accurate, and current as certified in its
Certificate of Current Cost or Pricing Data, (2) a subcontractor or
prospective subcontrator furnished the Contractor cost or pricing data that
were not complete, accurate, and current as certified in the Contractor's
Certificate of Current Cost or Pricing Data, or (3) any of these parties
furnished data of any description that were not accurate, the price shall
be reduced accordingly and the contract shall be modified to reflect the
reduction. This right to a price reduction is limited to that resulting
from defects in data relating to modifications for which this clause
becomes operative under paragraph (a) above.
(c) Any reduction in the contract price under paragraph (b) above due to
00700-14
defective data from a prospective subcontractor that was not subsequently
awarded the subcontract shall be limited to the amount, plus applicable
overhead and profit markup, by which (1) the actual subcontract or (2) the
actual cost to the Contractor, if there was no subcontract, was less than
the prospective subcontract cost estimate submitted by the Contractor;
provided, that the actual subcontract price was not itself affected by
defective cost or pricing data.
(d) (1) If the Contracting Officer determines under paragraph (b) of
this clause that a price or cost reduction should be made, the Contractor
agrees not to raise the following matters as defence:
(i) The Contractor or subcontractor was a sole source supplier
or otherwise was in a superior bargaining position and thus the price
of the contract would not have been modified even if accurate,
complete, and current cost or pricing data had been submitted.
(ii) The Contracting Officer should have known that the cost or
pricing data in issue were defective even though the Contractor or
subcontractor took no affirmative action to bring the character of the
data to the attention of the Contracting Officer.
(iii) The Contract was based on an agreement about the total cost
of the contract and there was no agreement about the cost of each item
procure under the contract.
(iv) The Contractor or subcontractor did not submit a
Certificate of Current Cost or Pricing Data.
(2) (i) Except as prohibited by subdivision (d) (2) (ii) of this
clause, an offset in an amount determined appropriate by the Contracting
Officer based upon the facts shall be allowed against the amount of a
contract price reduction if--
(A) The Contractor certifies to the Contracting Officer that,
to the best of the Contractor's knowledge and belief, the
Contractor is entitled to the offset in the amount requested; and
(B) The Contractor proves that the cost or pricing data were
available before the date of agreement on the price of the
contract (or price of the modification) and that the data were
not submitted before such date.
(ii) An offset shall not be allowed if--
(A) The understated data was known by the Contractor to be
understated when the Certificate of Current Cost or Pricing Data
was signed; or
(B) The Government proves that the facts demonstrate that the
contract price would not have increased in the amount to be
offset even if the available data had been submitted before the
date of
00700-15
agreement on price.
(e) If any reduction in the contract price under this clause reduces
the price of items for which payment was made prior to the date of the
modification reflecting the price reduction, the Contractor shall be
liable to and shall pay the United States at the time such overpayment is
repaid--
(1) Simple interest on the amount of such overpayment to be
computed from the date(s) of overpayment to the Contractor to the date
the Government is repaid by the Contractor at the applicable
underpayment rate effective for each quarter prescribed by the
Secretary of the Treasury under 26 U.S.C. 6621(a) (2); and
(2) A penalty equal to the amount of the overpayment, if the
Contractor or subcontractor knowingly submitted cost or pricing data
which were incomplete, inaccurate, or noncurrent.
(End of clause)
12 52.214-28 SUBCONTRACTOR COST OR PRICING DATA--MODIFICATIONS--SEALED
BIDDING (OCT 1995)
(a) The requirements of paragraphs (b) and (c) of this clause shall
(1) become operative only for any modification to this contract involving
aggregate increases and/or decreases in costs, plus applicable profits,
expected to exceed the threshold for submission of cost or pricing data at
FAR 15.904-2(a) (1), and (2) be limited to such modifications.
(b) Before awarding any subcontract expected to exceed the threshold
for submission of cost or pricing data at FAR 15.804-2(a) (1), on the date
of agreement on price or date of award, whichever is later; or before
pricing any subcontract modifications involving aggregate increases and/or
decreases in costs, plus applicable profits, expected to exceed the
threshold for submission of cost or pricing data at FAR 15.804-2 (a) (1),
the Contractor shall require the subcontractor to submit cost or pricing
data (actually or by specific identification in writing), unless an
exception under FAR 15.804-1 applies.
(c) The Contractor shall require the subcontractor to certify in
substantially the form prescribed in subsection FAR 15.804-4 that, to the
best of its knowledge and belief, the data submitted under paragraph (b)
of this clause were accurate, complete, and current as of the date of
agreement on the negotiated price of the subcontract or subcontract
modification.
(d) The Contractor shall insert the substance of this clause,
including
00700-16
this paragraph (d), in each subcontract that, when entered into,
exceeds the threshold for submission of cost or pricing data as FAR
15.804-2(a) (1).
(End of clause)
13 52.219-8 UTILIZATION OF SMALL, SMALL DISADVANTAGED AND
WOMEN-OWNED SMALL BUSINESS CONCERNS (OCT 1995)
(a) It is the policy of the United States that small business
concerns, small business concerns owned and controlled by socially and
economically disadvantaged individuals and small business concerns
owned and controlled by women shall have the maximum practicable
opportunity to participate in performing contracts let by any Federal
agency, including contracts and subcontracts for subsystems,
assemblies, components, and related services for major systems. It is
further the policy of the United States that its prime contractors
establish procedures to ensure the timely payment of amounts due
pursuant to the terms of their subcontracts with small business
concerns, small business concerns owned and controlled by socially
and economically disadvantaged individuals and small business
concerns owned and controlled by women.
(b) The Contractor hereby agrees to carry out this policy in the
awarding of subcontracts to the fullest extent consistent with
efficient contract performance. The Contractor further agrees to
cooperate in any studies or surveys as may be conducted by the United
States Small Business Administration or the awarding agency of the
United States as may be necessary to determine the extent of the
Contrator's compliance with this clause.
(c) As used in this contract, the term "small business concern"
shall mean a small business as defined pursuant to section 3 of the
Small Business Act and relevant regulations promulgated pursuant
thereto. The term "small business concern owned and controlled by
socially and economically disadvantaged individuals" shall mean a
small business concern (1) which is at least 51 percent
unconditionally owned by one or more socially and economically
disadvantaged individuals; or, in the case of any publicly owned
business, at least 51 per centum of the stock of which is
unconditionally owned by one or more socially and economically
disadvantaged individuals; and (2) whose management and daily business
operations are controlled by one or more of such individuals. This
term also means a small business concern that is at least 51 percent
unconditionally owned by an economically disadvantaged Indian tribe or
00700-17
Native Hawaiian Organization, or a publicly owned business having at least
51 percent of its stock unconditionally owned by one of these entities
which has its management and daily business controlled by members of an
economically disadvantaged Indian tribe or Native Hawaiian Organization,
and which meets the requirements of 13 CFR 124. The Contractor shall
presume that socially and economically disadvantaged individuals include
Black Americans, Hispanic Americans, Native Americans, Asian-pacific
Americans, Subcontinent Asian Americans, and other minorities, or any other
individual found to be disadvantaged by the Administration pursuant to
section 8(a) of the Small Business Act. The Contractor shall presume that
socially and economically disadvantaged entities also include Indian Tribes
and Native Hawaiian Organizations.
(d) The term "small business concern owned and controlled by women
shall mean a small business concern (i) which is at least 51 percent owned
by one or more women, or, in the case of any publicly owned business, at
least 51 percent of the stock of which is owned by one or more women, and
(ii) whose management and daily business operations are controlled by one
or more women; and
(e) Contractors acting in good faith may rely on written
representations by their subcontractors regarding their status as a small
business concern, a small business concern owned and controlled by socially
and economically disadvantaged individuals or a small business concern
owned and controlled by women.
(End of clause)
14 52.219-9 I SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS
SUBCONTRACTING PLAN (AUG 1996)-- ALTERNATE I (OCT 1995)
(a) This clause does not apply to small business concerns.
(b) "Commercial product," as used in this clause, means a product is
regular production that is sold in substantial quantities to the general
public and/or industry at established catalog or market prices. It ^??
means a product which, in the opinion of the Contracting Officer, differs
only insignificantly from the Contractor's commercial product.
"Subcontract," as used in this clause, means any agreement (other than
one involving an employer-employee relationship) entered into by a Federal
Government prime Contractor or subcontractor calling for supplies or
services required for performance of the contract or subcontract.
(c) The apparent low bidder, upon request by the Contracting officer,
00700-18
shall submit a subcontracting plan, where applicable, which separately addresses
subcontracting with small business concerns, with small disadvantaged business
concerns and with women-owned small business concerns. If the bidder is
submitting an individual contract plan, the plan must separately address
subcontracting with small business concerns, small disadvantaged business
concerns and women-owned small business concerns, with a separate part for the
basic contract and separate parts for each option (if any). The plan shall be
included in and made a part of the resultant contract. The subcontracting plan
shall be submitted within the time specified by the Contracting Officer. Failure
to submit the subcontracting plan shall make the bidder ineligible for the award
of a contract.
(d) The offeror's subcontracting plan shall include the following:
(1) Goals, expressed in terms of percentages of total planned
subcontracting dollars, for the use of small business concerns, small
disadvantaged business concerns and women-owned business concerns as
subcontractors. The offeror shall include all subcontracts that contribute to
contract performance, and may include a proportionate share of products and
services that are normally allocated as indirect costs.
(2) A statement of --
(i) Total dollars planned to be subcontracted;
(ii) Total dollars planned to be subcontracted to small business
concerns;
(iii) Total dollars planned to be subcontracted to small
disadvantaged business concerns; and
(iv) Total dollars planned to be subcontracted to women-owned small
business concerns.
(3) A description of the principal types of supplies and services to be
subcontracted, and an identification of the types planned for subcontracting to
(i) small business concerns, (ii) small disadvantaged business concerns and
(iii) women-owned small business concerns.
(4) A description of the method used to develop the subcontracting goals
in paragraph (d)(1) of this clause.
(5) A description of the method used to identify potential sources for
solicitation purposes (e.g.) pre-existing company source lists, the Procurement
Automated Source system (PASS) of the Small Business Administration, the
National Minority Purchasing Council Vendor Information Service, the Research
and Information Division of the Minority Business Development Agency in the
Department of Commerce, or small, small disadvantaged and women-owned small
business concerns trade associations). A firm may rely on the information
contained in PASS as
00700-19
an accurate representation of a concern's size and ownership
characteristics for purposes of maintaining a small business source list. A
firm may rely on PASS as its small business source list. Use of the PASS as
its source list does not relieve a firm of its responsibilities (e.g.,
outreach, assistance, counseling, publicizing subcontracting opportunities)
in this clause.
(6) A statement as to whether or not the offeror included indirect
costs in establishing subcontracting goals, and a description of the method
used to determine the proportionate share of indirect costs to be
incurred with (i) small business concerns, (ii) small disadvantaged
business concerns, and (iii) women-owned small business concerns.
(7) The name of the individual employed by the offeror who will
administer the offeror's subcontracting program, and a description of the
duties of the individual.
(8) A description of the efforts the offeror will make to assure that
small, small disadvantaged and women-owned small business concerns have an
equitable opportunity to compete for subcontracts.
(9) Assurances that the offeror will include the clause in this
contract entitled "Utilization of Small, Small Disadvantaged and
Women-Owned Small Business Concerns" in all subcontracts that offer further
subcontracting opportunities, and that the offeror will require all
subcontractors (except small business concerns) who receive subcontracts in
excess of $500,000 ($1,000,000 for construction of any public facility) to
adopt a plan similar to the plan agreed to by the offeror.
(10) Assurances that the offeror will (i) cooperate in any studies or
surveys as may be required, (ii) submit periodic reports in order to allow
the Government to determine the extent of compliance by the offeror with
the subcontracting plan, (iii) submit Standard Form (SF) 294,
Subcontracting Report for Individual Contracts, and/or SP 295, Summary
Subcontract Report, in accordance with the instructions on the forms, and
(iv) ensure that its subcontractors agree to submit Standard Forms 294 and
295.
(11) A recitation of the types of records the offeror will maintain to
demonstrate procedures that have been adopted to comply with the
requirements and goals in the plan, including establishing source lists,
and a description of its efforts to locate small, small disadvantaged and
women-owned small business concerns and award subcontracts to them. The
records shall include at least the following (on a plant-wide or
company-wide basis, unless otherwise indicated).
(i) Source lists (e.g., PASS), guides, and other data that
identify
00700-20
small, small disadvantaged and women-owned small business concerns.
(ii) Organizations contacted in an attempt to locate sources that
are small, small disadvantaged or women-owned small business concerns.
(iii) Records on each subcontract solicitation resulting in an award
of more than $100,000, indicating (A) whether small business concerns
were solicited and if not, why not, (B) whether small disadvantaged
business concerns were solicited and if not, why not, (C) whether
women-owned small business concerns were solicited and if not, why not,
and (D) if applicable, the reason award was not made to a small business
concern.
(iv) Records of any outreach efforts to contact (A) trade
associations, (B) business development organizations, and (C) conferences
and trade fairs to locate small, small disadvantaged and women-owned
small business sources.
(v) Records of internal guidance and encouragement provided to
buyers through (A) workshops, seminars, training, etc., and (B)
monitoring performance to evaluate compliance with the program's
requirements.
(vi) On a contract-by-contract basis, records to support award data
submitted by the offeror to the Government, including the name, address,
and business size of each subcontractor. Contractors having company or
division-wide annual plans need not comply with this requirement.
(e) In order to effectively implement this plan to the extent consistent
with efficient contract performance, the Contractor shall perform the
following functions:
(1) Assist small, small disadvantaged and women-owned small business
concerns by arranging solicitations, time for the preparation of bids,
quantities, specifications, and delivery schedule so as to facilitate the
participation by such concerns. Where the contractor's lists of potential
small, small disadvantaged and women-owned small business subcontractors are
excessively long, reasonable effort shall be made to give all such small
business concerns an opportunity to compete over a period of time.
(2) Provide adequate and timely consideration of the potentialities of
small, small disadvantaged and women-owned small business concerns in all
"make-or-buy" decisions.
(3) Counsel and discuss subcontracting opportunities with representatives
of small, small disadvantaged and women-owned small business firms.
(4) Provide notice to subcontractors concerning penalties and remedies for
misrepresentations of business status as small, small disadvantaged
00700-21
or women-owned small business for the purpose of obtaining a subcontract
that is to be included as part or all of a goal contained in the
Contractor's subcontracting plan.
(f) A master subcontracting plan on a plant or division-wide basis which
contains all the elements required by (d) above, except goals, may be
incorporated by reference as a part of the subcontracting plan required of the
offeror by this clause; provided, (1) the master plan has been approved, (2) the
offeror provides copies of the approved master plan and evidence of its approval
to the Contracting officer, and (3) goals and any deviations from the master
plan deemed necessary by the Contracting Officer to satisfy the requirements of
this contract are set forth in the individual subcontracting plan.
(g) (1) If a commercial product is offered, the subcontracting plan
required by this clause may relate to the offeror's production generally, for
both commercial and noncommercial products, rather than solely to the Government
contract. In these cases, the offeror shall, with the concurrence of the
Contracting Officer, submit one company-wide or division-wide annual plan.
(2) The annual plan shall be reviewed for approval by the agency
awarding the offeror its first prime contract requiring a subcontracting
plan during the fiscal year, or by an agency satisfactory to the
Contracting Officer.
(3) The approved plan shall remain in effect during the offeror's
fiscal year for all of the offeror's commercial products.
(h) Prior compliance of the offeror with other such subcontracting plans
under previous contracts will be considered by the Contracting Officer in
determining the responsibility of the offeror for award of the contract.
(i) The failure of the Contractor or subcontractor to comply in good faith
with (1) the clause of this contract entitled "Utilization Of Small, Small
Disadvantaged and Women-Owned Small Business Concerns," or (2) an approved plan
required by this clause, shall be a material breach of the contract.
(End of clause)
15 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (OCT 1995)
(a) "Failure to make a good faith effort to comply with the
subcontracting plan," as used in this clause, means a willful or
intentional failure to perform in accordance with the requirements of the
00700-22
subcontracting plan approved under the clause in this contract entitled "Small,
Small Disadvantaged and Women-Owned Small Business Subcontracting Plan," or
willful or intentional action to frustrate the plan.
(b) If, at contract completion, or in the case of a commercial product
plan, at the close of the fiscal year for which the plan is applicable, the
Contractor has failed to meet its subcontracting goals and the Contracting
Officer decides in accordance with paragraph (c) of this clause that the
Contractor failed to make a good faith effort to comply with its subcontracting
plan, established in accordance with the clause in this contract entitled
"Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan,"
the Contractor shall pay the Government liquidated damages in an amount stated.
The amount of probable damages attributable to the Contractor's failure to
comply, shall be an amount equal to the actual dollar amount by which the
Contractor failed to achieve each subcontract goal or, in the case of a
commercial products plan, that portion of the dollar amount allocable to
Government contracts by which the Contractor failed to achieve each subcontract
goal.
(c) Before the Contracting Officer makes a final decision that the
Contractor has failed to make such good faith effort, the Contracting Officer
shall give the Contractor written notice specifying the failure and permitting
the Contractor to demonstrate what good faith efforts have been made. Failure to
respond to the notice may be taken as an admission that no valid explanation
exists. If, after consideration of all the pertinent data, the Contracting
Officer finds that the Contractor failed to make a good faith effort to comply
with the subcontracting plan, the Contracting Officer shall issue a final
decision to that effect and require that the Contractor pay the Government
liquidated damages as provided in paragraph (b) of this clause.
(d) With respect to commercial product plans, i.e., company-wide or
division-wide subcontracting plans approved under paragraph (g) of the clause in
this contract entitled "Small, Small Disadvantaged and Women-Owned Small
Business Subcontracting Plan," the Contracting Officer of the agency that
originally approved the plan will exercise the functions of the Contracting
Officer under this clause on behalf of all agencies that awarded contracts
covered by that commercial product plan.
(e) The Contractor shall have the right of appeal, under the clause in
this contract entitled, Disputes, from any final decision of the Contracting
Officer.
(f) Liquidated damages shall be in addition to any other remedies that the
Government may have.
00700-23
(End of clause)
16 52.222-3 CONVICT LABOR (AUG 1996)
The Contractor agrees not to employ in the performance of this
contract any person undergoing a sentence of imprisonment which has been
imposed by any court of a State, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, or the Trust Territory of the Pacific
Islands. This limitation, however, shall not prohibit the employment by the
Contractor in the performance of this contract of persons on parole or
probation to work at paid employment during the term of their sentence or
persons who have been pardoned or who have served their terms. Nor shall it
prohibit the employment by the Contractor in the performance of this
contract of persons confined for violation of the laws of any of the
States, the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, or the Trust Territory of the Pacific Islands who are
authorized to work at paid employment in the community under the laws of
such jurisdiction, if--
(a)(1) The worker is paid or is in an approved work training program
on a voluntary basis;
(2) Representatives of local union central bodies or similar labor
union organisations have been consulted;
(3) Such paid employment will not result in the displacement of
employed workers, or be applied in skills, crafts, or trades in which
there is a surplus of available gainful labor in the locality, or impair
existing contracts for services; and
(4) The rates of pay and other conditions of employment will not be
less than those paid or provided for work of a similar nature in the
locality in which the work is being performed; and
(b) The Attorney General of the United States has certified that the
work-release laws or regulations of the jurisdiction involved are in
conformity with the requirements of Executive Order 11755, as amended by
Executive Orders 12608 and 12943.
(End of clause)
17 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME
COMPENSATION (JUL 1995)
00700-24
(a) Overtime requirements. No Contractor or subcontractor contracting for
any part of the contract work which may require or involve the employment of
laborers or mechanics (see Federal Acquisition Regulation (FAR) 22.300) shall
require or permit any such laborers or mechanics in any workweek in which the
individual is employed on such work to work in excess of 40 hours in such
workweek unless such laborer or mechanic receives compensation at a rate not
less that 1 1/2 times the basic rate of pay for all hours worked in excess of 40
hours in such workweek.
(b) Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the provisions set forth in paragraph (a) of this
clause, the Contractor and any subcontractor responsible therefor shall be
liable for the unpaid wages. In addition, such Contractor and subcontractor
shall be liable to the United States (in the case of work done under contract
for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed
with respect to each individual, laborer or mechanic employed in violation of
the provisions set forth in paragraph (a) of this clause in the sum of $10 for
each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of 40 hours without payment of the overtime
wages required by provisions set forth in paragraph (a) of this clause.
(c) Withholding for unpaid wages and liquidated damages. The Contracting
Officer shall upon his or her own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the Contractor
or subcontractor under any such contract or any other Federal contract with the
same Prime Contractor, or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act which is held by the same Prime
Contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid wages and liquidated
damages as provided in the provisions set forth in paragraph (b) of this clause.
(d) Payrolls and basic records. (1) The Contractor or subcontractor shall
maintain payrolls and basic payroll records during the course of contract work
and shall preserve them for a period of 3 years from the completion of the
contract for all laborers and mechanics working on the contract. Such records
shall contain the name and address of each such employee, social security
number, correct classifications, hourly rates of wages paid, daily and weekly
number of hours worked, deductions made and actual wages paid. Nothing in this
paragraph shall require the duplication
00700-25
of records required to be maintained for construction work by Department of
Labor regulations at 29 CFR S.S(a)(3) implementing the Davis-Bacon Act.
(2) The records to be maintained under paragraph (d)(1) of this
clause shall be made available by the Contractor or subcontractor for
inspection, copying, or transcription by authorized representatives of
the Contracting Officer or the Department of Labor. The Contractor or
subcontractor shall permit such representatives to interview employees
during working hours on the job.
(e) Subcontracts. The Contractor or subcontractor shall insert in any
subcontracts exceeding $100,000, the provisions set forth in paragraphs (a)
through (e) of this clause and also a clause requiring the subcontractors
to include these provisions in any lower tier subcontracts. The Prime
Contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the provisions set forth in paragraphs (a)
through (e) of this clause.
(End of clause)
18 52.222-6 DAVIS-BACON ACT (FEB 1995)
(a) All laborers and mechanics employed or working upon the site of the
work will be paid unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona
fide fringe benefits (or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the wage determination
of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist
between the Contractor and such laborers and mechanics. Contributions made
or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the
provisions of paragraph (d) of this clause, also, regular contributions
made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs which cover the particular
weekly period, are deemed to be constructively made or incurred during such
period. Such laborers and mechanics shall be paid not less than the
appropriate wage rate and fringe benefits in the wage determination for the
classification of work actually performed, without regard to skill, except
00700-26
as provided in the clause entitled Apprentices and Trainees. Laborers or
mechanics performing work in more than one classification may be compensated at
the rate specified for each classification for the time actually worked therein;
provided, that the employer's payroll records accurately set forth the time
spent in each classification in which work is performed. The wage determination
(including any additional classifications and wage rates conformed under
paragraph (b) of this clause) and the Davis-Bacon poster (WH-1321) shall be
posted at all times by the Contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can be easily seen by the
workers.
(b) (1) The Contracting Officer shall require that any class of laborers or
mechanics which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage
determination. The Contracting Officer shall approve an additional
classification and wage rate and fringe benefits therefor only when all the
following criteria have been met:
(i) The work to be performed by the classification requested is not
performed by a classification in the wage determination.
(ii) The classification is utilized in the area by the construction
industry.
(iii) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in the wage
determination.
(iv) With respect to helpers, such a classification prevails in the
area in which the work is performed.
(2) If the Contractor and the laborers and mechanics to be employed in
the classification (if known), or their representatives, and the
Contracting Officer agree on the classification and wage rate (including
the amount designated for fringe benefits, where appropriate), a report of
the action taken shall be sent by the Contracting Officer to the
Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The
Administrator or an authorized representative will approve, modify, or
disapprove every additional classification action within 30 days of
receipt and so advise the Contracting Officer or will notify the
Contracting Officer within the 30-day period that additional time is
necessary.
(3) In the event the Contractor, the laborers or mechanics to be
employed in the classification, or their representatives, and the
Contracting Officer do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits, where
00700-27
appropriate), the Contracting Officer shall refer the questions, including
the views of all interested parties and the recommendation of the
Contracting Officer, to the Administrator of the Wage and Hour Division for
determination. The Administrator, or an authorized representative, will
issue a determination within 30 days of receipt and so advise the
Contracting Officer or will notify the Contracting Officer within the 30-
day period that additional time is necessary.
(4) The wage rate (including fringe benefits, where appropriate)
determined pursuant to subparagraphs (b) (2) and (b) (3) of this clause
shall be paid to all workers performing work in the classification under
this contract from the first day on which work is performed in the
classification.
(c) Whenever the minimum wage rate prescribed in the contract for a class
of laborers or mechanics includes a fringe benefit which is not expressed
as an hourly rate, the Contractor shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an
hourly cash equivalent thereof.
(d) If the Contractor does not make payments to a trustee or other third
person, the Contractor may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program; provided, that the Secretary
of Labor has found, upon the written request of the Contractor, that the
applicable standards of the Davis-Bacon Act have been met. The Secretary of
Labor may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program.
(End of clause)
19 52.222-7 WITHHOLDING OF FUNDS (FEB 1988)
The Contracting Officer shall, upon his or her own action or upon written
request of an authorized representative of the Department of Labor,
withhold or cause to be withheld from the Contractor under this contract or
any other Federal contract with the same Prime Contractor, or any other
Federally assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same Prime Contractor, so much of the
accrued payments or advances as may be considered necessary to pay laborers
and mechanics, including apprentices, trainees, and helpers, employed by
the Contractor or any subcontractor the full amount of wages required by
the contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working on the
00700-28
site of work, all or part of the wages required by the contract, the
Contracting Officer may, after written notice to the Contractor, take such
action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
(End of clause)
20 52.222-8 PAYROLLS AND BASIC RECORDS (FEE 1988)
(a) Payrolls and basic records relating thereto shall be maintained by
the Contractor during the course of the work and preserved for a period of
3 years thereafter for all laborers and mechanics working at the site of
the work. Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs anticipated for
bons fide fringe benefits or cash equivalents thereof of the types
described in section 1(b)(2)(g) of the Davis-Bacon Act), daily and weekly
number of hours worked, deductions made, and actual wages paid. Whenever
the Secretary of Labor has found, under paragraph (d) of the clause
entitled Davis-Bacon Act, that the wages of any laborer or mechanic include
the amount of any costs reasonably anticipated in providing benefits under
a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act,
the Contractor shall maintain records which show that the commitment to
provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated
in writing to the laborers or mechanics affected, and records which show
the costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs, the
registration of apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
(b) (1) The Contractor shall submit weekly for each week in which any
contract work is performed a copy of all payrolls to the Contracting
Officer. The payrolls submitted shall set out accurately and completely all
of the information required to be maintained under paragraph (g) of this
clause. This information may be submitted in any form desired. Optional
Form WH-347 (Federal Stock Number 029-005-00014-1) is available for this
purpose and may be purchased from the Superintendent of Documents, U.S.
Government Printing Office, Washington, DC 20402. The Prime Contractor is
responsible for the submission of copies of payrolls by all
00700-29
subcontractors.
(2) Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the Contractor or subcontractor or his or her agent
who pays or supervises the payment of the persons employed under the
contract and shall certify--
(i) That the payroll for the payroll period contains the
information required to be maintained under paragraph (a) of this
clause and that such information is correct and complete:
(ii) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the payroll
period has been paid the full weekly wages earned, without rebate,
either directly or indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in the Regulations, 29 CFR Part 3;
and
(iii) That each laborer or mechanic has been paid not less than
the applicable wage rates and fringe benefits or cash equivalents for
the classification of work performed, as specified in the applicable
wage determination incorporated into the contract.
(3) The weekly submission of a properly executed certification set
forth on the reverse side of optional Form WK-347 shall satisfy the
requirement for submission of the "Statement of Compliance" required by
subparagraph (b) (2) of this clause.
(4) The falsification of any of the certifications in this clause may
subject the Contractor or subcontractor to civil or criminal prosecution
under Section 1001 of Title 18 and Section 3729 of Title 31 of the United
States Code.
(c) The Contractor or subcontractor shall make the records required under
paragraph (a) of this clause available for inspection, copying, or transcription
by the Contracting Officer or authorized representatives of the Contracting
Officer or the Department of Labor. The Contractor or subcontractor shall permit
the Contracting Officer or representatives of the Contracting Officer or the
Department of Labor to interview employees during working hours on the job. If
the Contractor or subcontractors fails to submit required records or to make
them available, the Contracting Officer may, after written notice to the
Contractor, take such action as may be necessary to cause the suspension of any
further payment. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for debarment action
pursuant to 29 CFR 5.12.
(End of clause)
00700-30
21 52.222-9 APPRENTICES AND TRAINEES (FEB 1988)
(a) Apprentices. Apprentices will be permitted to work at less than
the predetermined rate for the work they performed when they are employed
pursuant to and individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor, Employment and
Training Administration, Bureau of Apprenticeship and Training, or with a
State Apprenticeship Agency recognized by the Bureau, or if a person is
employed in his or her first 90 days of probationary employment as an
apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any
craft classification shall not be greater than the ratio permitted to the
Contractor as to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated in this paragraph, shall be paid
not less than the applicable wage determination for the classification of
work actually performed. In addition, any apprentice performing work on the
job site in excess of the ratio permitted under the registered program
shall not be paid less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which
its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified in the Contractor's
or subcontractor's registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions
of the apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice
prevails for the applicable apprentice classification, fringes shall be
paid in accordance with that determination. In the event the Bureau of
Apprenticeship and Training, or a State Apprenticeship Agency recognized by
the Bureau, withdraws approval of an apprenticeship program, the Contractor
00700-31
will no longer be permitted to utilize apprentices at less than the
applicable predetermined rate for the work performed until an acceptable
program is approved.
(b) Trainees. Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually registered
in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall
not be greater than permitted under the plan approved by the Employment and
Training Administration. Every trainee must be paid at not less than the
rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed in the wage determination unless the
Administrator of the Wage and Hourly Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage
rate in the wage determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan approved by
the Employment and Training Administration shall be paid not less than the
applicable wage rate in the wage determination for the classification of
work actually performed. In addition, any trainee performing work on the
job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate in the wage
determination for the work actually performed. In the event the Employment
and Training Administration withdraws approval of a training program, the
Contractor will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable
program is approved.
(c) Equal employment opportunity. The utilization of apprentices,
trainees, and journeymen under this clause shall be in conformity with the
equal employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
(End of clause)
22 52.222.10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)
00700-32
The Contractor shall comply with the requirements of 29 CPR Part 3,
which are hereby incorporated by the reference in this contract.
(End of clause)
23 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (FEB 1988)
(a) The Contractor or subcontractor shall insert in any subcontracts
the clauses entitled Davis-Bacon Act, Contract Work Hours and Safety
Standards Act--Overtime Compensation, Apprentices and Trainees, Payrolls
and Basic Records, Compliance with Copeland Act Requirements, Withholding
of Funds, Subcontracts (Labor Standards), Contract Termination--Debarment,
Disputes Concerning Labor Standards, Compliance with Davis-Bacon and
Related Act Regulations, and Certification of Eligibility, and such other
clauses as the Contracting Officer may, by appropriate instructions,
require, and also a clause requiring subcontractors to include these
clauses in any lower tier subcontracts. The Prime Contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor
with all the contract clauses cited in this paragraph.
(b) (1) Within 14 days after award of the contract, the Contractor
shall deliver to the Contracting Officer a completed Statement and
Acknowledgement Form (SF 1413) for each subcontract, including the
subcontractor's signed and dated acknowledgement that the clauses set forth
in paragraph (a) of this clause have been included in the subcontract.
(2) Within 14 days after the award of any subsequently awarded
subcontract the Contractor shall deliver to the Contracting Officer
an updated completed SP 1413 for such additional subcontract.
(End of clause)
24 52.222-12 CONTRACT TERMINATION--DEBARMENT (FEB 1988)
A breach of the contract clauses entitled Davis-Bacon Act, Contract
Work Hours and Safety Standards Act--Overtime Compensation, Apprentices and
Trainees, Payrolls and Basic Records, Compliance with Copeland Act
Requirements, Subcontracts (Labor Standards), Compliance with Davis-Bacon
and Related Act Regulations, or Certification of Eligibility may be grounds
for termination of the contract, and for debarment as a Contractor and
subcontractor as provided in 29 CFR 5.12.
(End of clause)
00700-33
25 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS
(FEB 1988)
All rulings and interpretations of the Davis-Bacon and Related Acts
contained in 29 CFR Parts 1, 3, and 5 are hereby incorporated by reference
in this contract.
(End of Clause)
26 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)
The United States Department of Labor has set forth in 29 CFR Parts 5,
6, and 7 procedures for resolving disputes concerning labor standards
requirements. Such disputes shall be resolved in accordance with those
procedures and not the Disputes clause of this contract. Disputes within
the meaning of this clause include disputes between the Contractor (or any
of its subcontractors) and the contracting agency, the U.S. Department of
Labor, or the employees of their representatives.
(End of clause)
27 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)
(a) By entering into this contract, the Contractor certifies that
neither it (nor he or she) nor any person or firm who has an interest in
the Contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
(b) No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of section
3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(c) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.
(End of clause)
28 52.222-26 EQUAL OPPORTUNITY (APR 1984)
(a) If, during any 12-month period (including the 12 months preceding
the award of this contract), the Contractor has been or is awarded
nonexempt Federal contracts and/or subcontracts that have an aggregate
value in excess of $10,000, the Contractor shall comply with subparagraphs
00700-34
(b)(1) through (11) below. Upon request, the Contractor shall provide
information necessary to determine the applicability of this clause.
(b) During performing this Contract, the Contractor agrees as
follows:
(1) The Contractor shall not discriminate against any employee
or applicant for employment because of race, color, religion, sex, or
national origin.
(2) The Contractor shall take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or
national origin. This shall include, but not be limited to, (i)
employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v)
recruitment or recruitment advertising, (vi) layoff of termination,
(vii) rates of pay or other forms of compensation, and (viii)
selection for training, including apprenticeship.
(3) The Contractor shall post in conspicuous places available to
employees and applicants for employment the notices to be provided by
the Contracting Officer that explain this clause.
(4) The Contractor shall, in all solicitations or advertisements
for employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
(5) The Contractor shall send, to each labor union of
representative of workers with which it has a collective bargaining
agreement or other contract or understanding, the notice to be
provided by the Contracting Officer advising the labor union or
workers' representative of the Contractor's commitments under this
clause, and post copies of the notice in conspicuous places available
to employees and applicants for employment.
(6) The Contractor shall comply with Executive Order 11246, as
amended, and the rules, regulations, and orders of the Secretary of
Labor.
(7) The Contractor shall furnish to the contracting agency all
information required by Executive Order 11246, as amended, and by the
rules, regulations, and orders of the Secretary of Labor. Standard
Form 100 (EEO-1), or any successor form, is the prescribed form to be
filed within 30 days following the award, unless filed within 12
months preceding the date of award.
(8) The Contractor shall permit access to its books, records,
and accounts by the contracting agency or the Office of Federal
Contract Compliance Programs (OFCCP) for the purposes of investigation
to ascertain the Contractor's compliance with the applicable rules,
00700-35
regulations, and orders.
(9) If the OFCCP determines that the Contractor is not in
compliance with this clause or any rule, regulation, or order of the
Secretary of Labor, this contract may be canceled, terminated, or
suspended in whole or in part and the Contractor may be declared
ineligible for further Government contracts, under the procedures
authorized in Executive Order 11246, as amended. In addition,
sanctions may be imposed and remedies invoked against the Contractor
as provided in Executive Order 11246, as amended, the rules,
regulations, and orders of the Secretary of Labor, or as otherwise
provided by law.
(10) The Contractor shall include the terms and conditions of
subparagraph (b) (2) through (11) of this clause in every subcontract
or purchase order that is not exempted by the rules, regulations, or
orders of the Secretary of Labor issued under Executive Order 11246,
as amended, so that these terms and conditions will be binding upon
each subcontractor or vendor.
(11) The Contractor shall take such action with respect to any
subcontract or purchase order as the contracting agency may direct as
a means of enforcing these terms and conditions, including sanctions
for noncompliance; provided, that if the Contractor becomes involved
in, or is threatened with, litigation with a subcontractor or vendor
as a result of any direction, the Contractor may request the United
States to enter into the litigation to protect the interests of the
United States.
(c) Notwithstanding any other clause in this contract, disputes
relative to this clause will be governed by the procedures in 41 CFR 60-
1.1.
(End of clause)
(R 7-103.18 1978 SEP)
(R 1-12.803-2)
(R 7-607.13 1978 SEP)
29 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION
(APR 1984)
(a) Definitions.
"Covered area," as used in this clause, means the geographical area
described in the solicitation for this contract.
"Director," as used in this clause, means Director, Office of Federal
Contract Compliance Programs (OFCCP), United States Department of Labor, or
any person to whom the Director delegeses authority.
"Employer's identification number," as used in this clause, means the
Federal Social Security number used on the employer's quarterly federal tax
00700-36
return, U.S. Treasury Department Form 941.
"Minority," as used in this clause, means--
(1) American Indian or Alaskan Native (all persons having origins in
any of the original peoples of North America and maintaining identifiable
tribal affiliations through membership and participation or community
identification).
(2) Asian and Pacific Islander (all persons having origins in any of
the original peoples of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands);
(3) Black (all persons having origins in any of the black African
racial groups not of Hispanic origin); and
(4) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or
South American, or other Spanish culture or origin, regardless of race).
(b) If the Contractor, or a subcontractor at any tier, subcontracts a
portion of the work involving any construction trade, each such subcontract in
excess of $10,000 shall include this clause and the Notice containing the goals
for minority and female participation stated in the solicitation for this
contract.
(c) If the Contractor is participating in a Hometown Plan (41 CFR 60-4)
approved by the U.S. Department of Labor in a covered area, either individually
or through an association, its affirmative action obligations on all work in the
plan area (including goals) shall comply with the plan for those trades that
have unions participating in the plan. Contractors must be able to demonstrate
participation in, and compliance with, the provisions of the plan. Each
Contractor or subcontractor participating in an approved plan is also required
to comply with its obligations under the Equal Opportunity clause, and to make a
good faith effort to achieve each goal under the plan in each trade in which it
has employees. The overall good-faith performance by other Contractors or
subcontractors toward a goal in an approved plan does not excuse any
Contractor's or subcontractor's failure to make good-faith efforts to achieve
the plan's goals.
(d) The Contractor shall implement the affirmative action procedures in
subparagraph (g) (1) through (16) of this clause. The goals stated in the
solicitation for this contract are expressed as percentages of the total hours
of employment and training of minority and female utilization that the
Contractor should reasonably be able to achieve in each construction trade in
which it has employees in the covered area. If the Contractor performs
construction work in a geographical area located outside of the covered area, it
shall apply the goals established for the geographical area where that work is
actually performed. The Contractor is expected to
00700-37
make substantially uniform progress toward its goals in each craft.
(e) Neither the terms and conditions of any collective bargaining
agreement, nor the failure by a Union with which the Contractor has a
collective bargaining agreement, to refer minorities or women shall excuse
the Contractor's obligations under this clause, Executive Order 11246, as
amended, or the regulations thereunder.
(f) In order for the nonworking training hours of apprentices and
trainees to be counted in meeting the goals, apprentices and trainees must
be employed by the Contractor during the training period, and the
Contractor must have made a commitment to employ the apprentices and
trainees at the completion of their training, subject to the availability
of employment opportunities. Trainees must be trained pursuant to training
programs approved by the U.S. Department of Labor.
(g) The Contractor shall take affirmative action to ensure equal
employment opportunity. The evaluation of the Contractor's compliance with
this clause shall be based upon its effort to achieve maximum results from
its actions. The Contractor shall document these efforts fully and
implement affirmative action steps at least as extensive as the following:
(1) Ensure a working environment free of harassment,
intimidation, and coercion at all sites and in all facilities where
the Contractor's employees are assigned to work. The Contractor, if
possible, will assign two or more women to each construction project.
The Contractor shall ensure that foremen, superintendents, and other
onsite supervisory personnel are aware of and carry out the
Contractor's obligation to maintain such a working environment, with
specific attention to minority or female individuals working at these
sites or facilities.
(2) Establish and maintain a current list of sources for
minority and female recruitment. Provide written notification to
minority and female recruitment sources and community organizations
when the Contractor or its unions have employment opportunities
available, and maintain a record of the organizations' responses.
(3) Establish and maintain a current file of the names,
addresses, and telephone numbers of each minority and female off-the-
street applicant, referrals of minorities or females from unions,
recruitment sources, or community organizations, and the action taken
with respect to each individual. If an individual was sent to the
union hiring hall for referral and not referred back to the Contractor
by the union or, if referred back, not employed by the Contractor,
this shall be documented in the file, along with whatever additional
actions the Contractor may have taken.
(4) Immediately notify the Director when the union or unions
with
00700-38
which the Contractor has a collective bargaining agreement has not referred back
to the Contractor a minority or woman sent by the Contractor, or when the
Contractor has other information that the union referral process has impeded the
Contractor's efforts to meet its obligations.
(5) Develop on-the-job training opportunities and/or participate in
training programs for the area that expressly include minorities and women,
including upgrading programs and apprenticeship and trainee programs relevant
to the Contractor's employment needs, especially those programs funded or
approved by the Department of Labor. The Contractor shall provide notice of
these programs to the sources complied under subparagraph (g) (2) above.
(6) Disseminate the Contractor's equal employment policy by--
(i) Providing notice of the policy to unions and to training,
recruitment, and outreach programs, and requesting their cooperation in
assisting the Contractor in meeting its contract obligations;
(ii) Including the policy in any policy manual and in collective
bargaining agreements;
(iii) Publicizing the policy in this company newspaper, annual
report, etc.;
(iv) Reviewing the policy with all management personnel and with all
minority and female employees at least once a year; and
(v) Posting the policy on bulletin boards accessible to employees at
each location where construction work is performed.
(7) Review, at least annually, the Contractor's equal employment policy
and affirmative action obligations with all employees having responsibility for
hiring, assignment, layoff, termination, or other employment decisions. Conduct
review of this policy with all onsite supervisory personnel before initiating
construction work at a job site. A written record shall be made and maintained
identifying the time and place of these meetings, persons attending, subject
matter discussed, and disposition of the subject matter.
(8) Disseminate the Contractor's equal employment policy externally by
including it in any advertising in the news media, specifically including
minority and female news media. Provide written notification to, and discuss
this policy with, other Contractors and Subcontractors with which the
Contractors does or anticipates doing business.
(9) Direct recruitment efforts, both oral and written, to minority,
female, and community organizations, to schools with minority and female
students, and to minority and female recruitment and training organizations
serving the Contractor's recruitment area and employment
00700-39
needs. Not later than 1 month before the date for acceptance of
applications for apprenticeship or training by any recruitment
source, send written notification to organizations such as the
above, describing the openings, screening procedures, and tests
to be used in the selection process.
(10) Encourage present minority and female employees to
recruit minority persons and women. Where reasonable, provide
after-school, summer, and vacation employment to minority and
female youth both on the site and in other areas of the
Contractor's workforce.
(11) Validate all tests and other selection requirements
where required under 41 CFR 60-3.
(12) Conduct, at least annually, an inventory and evaluation
at least of all minority and female personnel for promotional
opportunities. Encourage these employees to seek or to prepare
for, through appropriate training, etc., opportunities for
promotion.
(13) Ensure that seniority practices job classifications,
work assignments, and other personnel practices do not have a
discriminatory effect by continually monitoring all personnel and
employment-related activities to ensure that the Contractor's
obligations under this contract are being carried out.
(14) Ensure that all facilities and company activities are
nonsegrated except that separate or single-user toilet and
necessary changing facilities shall be provided to assure privacy
between the sexes.
(15) Maintain a record of solicitations for subcontracts for
minority and female construction contractors and suppliers,
including circulation of solicitations to minority and female
contractor associations and other business associations.
(16) Conduct a review, at least annually, of all
supervisors' adherence to and performance under the Contractor's
equal employment policy and affirmative action obligations.
(h) The Contractor is encouraged to participate in voluntary
associations that may assist in fulfilling one or more of the
affirmative action obligations contained in subparagraphs (g)(1)
through (16). The efforts of a contractor association, joint
contractor-union, contractor-community, or similar group of which the
contractor is a member and participant may be asserted as fulfilling
one or more of its obligations under subparagraphs (g)(1) through
(16), provided the Contractor
(1) Actively participates in the group;
(2) Makes every effort to ensure that the group has a
positive impact on the employment of minorities and women in the
industry;
00700-40
(3) Ensures that concrete benefits of the program are
reflected in the Contractor's minority and female workforce
participation;
(4) Makes a good-faith effort to meet its individual goals
and timetables; and
(5) Can provide access to documentation that demonstrates
the effectiveness of actions taken on behalf of the Contractor.
The obligation to comply is the Contractor's, and failure of such
a group to fulfill an obligation shall not be a defense for the
Contractor's noncompliance.
(i) A single goal for minorities and a separate single goal for
women shall be established. The Contractor is required to provide
equal employment opportunity and to take affirmative action for all
minority groups, both male and female, and all women, both minority
and nonminority. Consequently, the Contractor may be in violation of
Executive Order 11246, as amended, if a particular group is employed
in a substantially disparate manner.
(j) The Contractor shall not use goals or affirmative action
standards to discriminate against any person because of race, color,
religion, sex, or national origin.
(k) The Contractor shall not enter into any subcontract with any
person or firm debarred from Government contracts under Executive
Order 11246, as amended.
(l) The Contractor shall carry out such sanctions and penalties
for violation of this clause and of the Equal Opportunity clause,
including suspension, termination, and cancellation of existing
subcontracts, as may be imposed or ordered under Executive Order
11246, as amended, and its implementing regulations, by the OFCCP. Any
failure to carry out these sanctions and penalties as ordered shall be
a violation of this clause and Executive Order 11246, as amended.
(m) The Contractor in fulfilling its obligations under this
clause shall implement affirmative action procedures at least as
extensive as those prescribed in paragraph (g) above, so as to achieve
maximum results from its efforts to ensure equal employment
opportunity. If the Contractor fails to comply with the requirements
of Executive Order 11246, as amended, the implementing regulations, or
this clause, the Director shall take action as prescribed in CFR 60-4.
8.
(n) The Contractor shall designate a responsible official to--
(1) Monitor all employment-related activity to ensure that
the Contractor's equal employment policy is being carried out;
(2) Submit reports as may be required by the Government;
and
(3) Keep records that shall at least include for each
employee the
00700-41
name, address, telephone number, construction trade, union affiliation
(if any), employee identification number, social security number,
race, sex, status (e.g., mechanic, apprentice, trainee, helper, or
laborer), dates of changes in status, hours worked per week in the
indicated trade, rate of pay, and locations at which the work was
performed. Records shall be maintained in an easily understandable and
retrievable form; however, to the degree that existing records satisfy
this requirement, separate records are not required to be maintained.
(o) Nothing contained herein shall be construed as a limitation upon
the application of other laws that establish different standards of
compliance or upon the requirements for the hiring of local or other area
residents (e.g., those under the Public Works Employment Act of 1977 and
the Community Development Block Grant Program).
(End of clause)
(R 7-603.60 1978 SEP)
30 52.22-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA
VETERANS (APR 1984)
(a) Definitions.
"Appropriate office of the State employment service system," as used
in this clause, means the local office of the Federal-State national system
of public employment offices assigned to serve the area where the
employment opening is to be filled, including the District of Columbia,
Guam, Puerto Rico, Virgin Islands, American Samoa, and the Trust Territory
of the Pacific Islands.
"Openings that the Contractor proposes to fill from within its own
organization," as used in this clause, means employment openings for which
no one outside the Contractor's organization (including any affiliates,
subsidiaries, and the parent companies) will be considered and includes any
openings that the Contractor proposes to fill from regularly established
"recall" lists.
"Openings that the Contractor proposes to fill under a customary and
traditional employer-union hiring arrangement," as used in this clause,
means employment openings that the Contractor proposes to fill from union
halls, under their customary and traditional employer-union hiring
relationship.
"Suitable employment openings," as used in this clause--
(1) Includes, but is not limited to, openings that occur in jobs
categorized as--
00700-42
(i) Production and nonproduction;
(ii) Plant and office;
(iii) Laborers and mechanics;
(iv) Supervisory and nonsupervisory;
(v) Technical; and
(vi) Executive, administrative, and professional positions
compensated on a salary basis of less than $25,000 a year; and
(2) Includes full-time employment, temporary employment of over
3 days, and part-time employment, but not openings that the Contractor
proposes to fill from within its own organization or under a customary
and traditional employer-union hiring arrangement, nor openings in an
educational institution that are restricted to students of that
institution.
(b) General. (1) Regarding any position for which the employee or
applicant for employment is qualified, the Contractor shall not
discriminate against the individual because the individual is a special
disabled or Vietnam Era veteran. The Contractor agrees to take affirmative
action to employ, advance in employment, and otherwise treat qualified
special disabled and Vietnam Era veterans without discrimination based upon
their disability or veterans' Status in all employment practices such as--
(i) Employment;
(ii) Upgrading;
(iii) Demotion or transfer;
(iv) Recruitment;
(v) Advertising;
(vi) Layoff or termination;
(vii) Rates of pay or other forms of compensation; and
(viii) Selection for training, including apprenticeship.
(2) The Contractor agrees to comply with the rules, regulations,
and relevant orders of the Secretary of Labor (Secretary) issued under
the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the
Act), as amended.
(c) Listing openings. (1) The Contractor agrees to list all suitable
employment openings existing at contract award of occurring during contract
performance, at an appropriate office of the State employment service
system in the locality where the opening occurs. These openings include
those occurring at any Contractor facility, including one not connected
with performing this contract. An independent corporate affiliate is exempt
from this requirement.
(2) State and local government agencies holding Federal
contracts of $10,000 or more shall also list all their suitable
openings with the
00700-43
appropriate office of the State employment service.
(3) The listing of suitable employment openings with the State
employment service system is required at least concurrently with using
any other recruitment source or effort and involves the obligations of
placing a bona fide job order, including accepting referrals of
veterans and nonveterans. This listing does not require hiring any
particular job applicant or hiring from any particular group of job
applicants and is not intended to relieve the Contractor from any
requirements of Executive orders or regulations concerning
nondiscrimination in employment.
(4) Whenever the Contractor becomes contractually bound to the
listing terms of this clause, it shall advise the State employment
service system, in each State where it has establishments, of the name
and location of each hiring location in the State. As long as the
Contractor is contractually bound to these terms and has so advised
the State system, it need not advise the State system of subsequent
contracts. The Contractor may advise the State system when it is no
longer bound by this contract clause.
(5) Under the most compelling circumstances, an employment
opening may not be suitable for listing, including situations when (i)
the Government's needs cannot reasonably be supplied, (ii) listing
would be contrary to national security, or (iii) the requirements of
listing would not be in the Government's interest.
(d) Applicability. (1) This clause does not apply to the listing of
employment openings which occur and are filled outside the 50 States, the
District of Columbia, Puerto Rico, Guam, Virgin Islands, American Samoa,
and the Trust Territory of the Pacific Islands.
(2) The terms of paragraph (c) above of this clause do not apply
to openings that the Contractor proposes to fill from within its own
organization or under a customary and traditional employer-union
hiring arrangement. This exclusion does not apply to a particular
opening once an employer decides to consider applicants outside of its
own organization or employer-union arrangement for that opening.
(e) Postings. (1) The Contractor agrees to post employment notices
stating (i) the Contractor's obligation under the law to take affirmative
action to employ and advance in employment qualified special disabled
veterans and veterans of the Vietnam era, and (ii) the rights of applicants
and employees.
(2) These notices shall be posted in conspicuous places that are
available to employees and applicants for employment. They shall be in
a form prescribed by the Director, Office of Federal Contract
Compliance
00700-44
Programs, Department of Labor (Director), and provided by or through
the Contracting Officer.
(3) The Contractor shall notify each labor union or,
representative of workers with which it has a collective bargaining
agreement or other contract understanding, that the Contractor is
bound by the terms of the Act, and is committed to take affirmative
action to employ, and advance in employment, qualified special
disabled and Vietnam Era veterans.
(f) Noncompliance. If the Contractor does not comply with the
requirements of this clause, appropriate actions may be taken under the
rules, regulations, and relevant orders of the Secretary issued pursuant to
the Act.
(g) Subcontracts. The Contractor shall include the terms of this
clause in every subcontract or purchase order of $10,000 or more unless
exempted by rules, regulations, or orders of the Secretary. The Contractor
shall act as specified by the Director to enforce the terms, including
action for noncompliance.
(End of clause)
(R 7-103.27 1976 JUL)
(R FPR Temp. Reg. 39)
31 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984)
(a) General. (1) Regarding any position for which the employee or
applicant for employment is qualified, the Contractor shall not
discriminate against any employee or applicant because of physical or
mental handicap. The Contractor agrees to take affirmative action to
employ, advance in employment, and otherwise treat qualified handicapped
individuals without discrimination based upon their physical or mental
handicap in all employment practices such as--
(i) Employment;
(ii) Upgrading;
(iii) Demotion or transfer;
(iv) Recruitment;
(v) Advertising;
(vi) Layoff or termination;
(vii) Rates of pay or other forms of compensation; and
(viii) Selection for training, including apprenticeship,
(2) The Contractor agrees to comply with the rules, regulations, and
relevant orders of the Secretary of Labor (Secretary) issued under the
Rehabilitation Act of 1973 (29 U.S.C. 793) (the Act), as amended.
00700-45
(b) Postings. (1) The Contractor agreed to post employment notices
stating (i) the Contractor's obligation under the law to take affirmative
action to employ and advance in employment qualified handicapped
individuals and (ii) the rights of applicants and employees.
(2) These notices shall be posted in conspicuous places that are
available to employees and applicants for employment. They shall be in
a form prescribed by the Director, Office of Federal Contract
Compliance Programs, Department of Labor (Director), and provided by
or through the Contracting Officer.
(3) The Contractor shall notify each labor union or
representative of workers with which it has a collective bargaining
agreement or other contract understanding, that the Contractor is
bound by the terms of Section 503 of the Act and is committed to take
affirmative action to employ, and advance in employment, qualified
physically and mentally handicapped individuals.
(c) Noncompliance. If the Contractor does not comply with the
requirements of this clause, appropriate actions may be taken under the
rules, regulations, and relevant orders of the Secretary issued pursuant to
the Act.
(d) Subcontracts. The Contractor shall include the terms of this
clause in every subcontract or purchase order in excess of $2,500 unless
exempted by rules, regulations, or orders of the Secretary. The Contractor
shall act as specified by the Director to enforce the terms, including
action for noncompliance.
(End of clause)
(R 7-103.28 1976 MAY)
(R FPR Temp. Reg. 38)
32 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS
OF THE VIETNAM ERA (JAN 1988)
(a) The contractor shall report at least annually, as required by the
Secretary of Labor, on:
(1) The number of special disabled veterans and the number of
veterans of the Vietnam era in the workforce of the contractor by job
category and hiring location; and
(2) The total number of new employees hired during the period
covered by the report, and of that total, the number of special
disabled veterans, and the number of veterans of the Vietnam era.
(b) The above items shall be reported by completing the form entitled
00700-46
"Federal Contractor Veterans' Employment Report VETS-100."
(c) Reports shall be submitted no later than March 31 of each year
beginning March 31, 1998.
(d) The employment activity report required by paragraph (a)(2) of
this clause shall reflect total hires during the most recent 12-month
period as of the ending date selected for the employment profile report
required by paragraph (a)(1) of this clause. Contractors may select an
ending date: (1) As of the end of any pay period during the period January
through March 1st of the year the report is due, or (2) as of December 31,
if the contractor has previous written approval from the Equal Employment
Opportunity Commission to do so for purposes of submitting the Employer
Information Report EEO-1 (Standard Form 100).
(e) The count of veterans reported according to paragraph (a) of this
clause shall be based on voluntary disclosure. Each contractor subject to
the reporting requirements at 38 U.S.C 2012(d) shall invite all special
disabled veterans and veterans of the Vietnam era who wish to benefit under
the affirmative action program at 38 U.S.C. 2012 to identify themselves to
the contractor. The invitation shall state that the information is
voluntarily provided, that the information will be kept confidential, that
disclosure or refusal to provide the information will not subject the
applicant or employee to any adverse treatment and that the information
will be used only in accordance with the regulations promulgated under 38
U.S.C. 2012.
(f) Subcontracts. The Contractor shall include the terms of this
clause in every subcontract or purchase order of $10,000 or more unless
exempted by rules, regulations, or orders of the Secretary.
(End of clause)
33 52.223-2 CLEAN AIR AND WATER (APR 1984)
(a) "Air Act", as used in this clause, means the Clean Air Act (42
U.S.C. 7401, et seq.).
"Clean air standards," as used in this clause, means--
(1) Any enforceable rules, regulations, guidelines, standards,
limitations, orders, controls, prohibitions, work practices, or other
requirements contained in, issued under, or otherwise adopted under
the Air Act or Executive Order 11736;
(2) An applicable implementation plan as described in section
110(d) of the Air Act (42 U.S.C. 7410(d));
(3) An approved implementation procedure or plan under section
111(c)
00700-47
or section 111(d) of the Air Act (42 U.S.C. 7411(c) of (d)); or
(4) An approved implementation procedure under section 112(d) of
the Air Act (42 U.S.C. 7412(d)).
"Clean water standards," as used in this clause, means any enforceable
limitation, control, condition, prohibition, standard, or other requirement
promulgated under the Water Act or contained in a permit issued to a
discharger by the EPA or by a State under an approved program, as
authorized by section 402 of the Water Act (33 U.S.C. 1342), or by local
government to ensure compliance with pretreatment regulations as required
by section 307 of the Water Act (33 U.S.C. 1317).
"Compliance," as used in this clause, means complained with--
(1) Clean air or water standards; or
(2) A schedule or plan ordered or approved by a court of
competent jurisdiction, the EPA, or an air or water pollution control
agency under the requirements of the Air Act or Water Act and related
regulations.
"Facility," as used in this clause, means any building, plant,
installation, structure, mine, vessel or other floating craft, location, or
site of operations, owned, leased, or supervised by a Contractor or
subcontractor, used in the performance of a contract or subcontractor. When
a location or site of operations included more than one building, plant,
installation, or structure, the entire location or site shall be deemed a
facility except when the Administrator, or a designee, of the EPA
determines that independent facilities are collocated in the geographical
area.
"Water Act," as used in this clause, means Clean Water Act (33 U.S.C.
1251, et seq.).
(b) The Contractor agrees--
(1) To comply with all the requirements of section 114 of the
Clean Air Act (42 U.S.C. 7414) and section 308 of the Clean Water Act
(33 U.S.C. 1318) relating to inspection, monitoring, entry, reports,
and information, as well as other requirements specified in action 114
and section 308 of the Air Act and the Water Act, and all regulations
and guidelines issued to implement those acts before the award of this
contract;
(2) That no portion of the work required by this prime contract
will be performed in a facility listed on the EPA list of Violating
Facilities on the date when this contract was awarded unless and until
the EPA eliminates the name of the facility from the listing;
(3) To use best efforts to comply with clean air standards and
clean water standards at the facility in which the contract is being
performed; and
00700-48
(4) To insert the substance of this clause into any nonexempt
subcontract, including this subparagraph (b)(4).
(End of clause)
(R 7-103.29 1975 OCT)
(R 1-1.2302)
34 52.223-6 DRUG-FREE WORKPLACE (JAN 1997)
(a) Definitions. As used in this clause--
"Controlled substance" means a controlled substance in Schedules I
through V of section 202 of the Controlled Substances Act (21 U.S.C. 812)
and as further defined in regulation at 21 CFR 1308.11 - 1308.15.
"Conviction" means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the Federal or
State criminal drug statutes.
"Criminal drug statute" means a Federal or non-Federal criminal
statute involving the manufacture, distribution, dispensing, possession or
use of any controlled substance.
"Drug-free workplace" means the site(s) for the performance of work
done by the Contractor in connection with a specific contract at which
employees of the Contractor are prohibited from engaging in the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance.
"Employee" means an employee of a Contractor directly engaged in the
performance of work under a Government contract. "Directly engaged" is
defined to include all direct cost employees and any other Contractor
employee who has other than a minimal impact or involvement in contract
performance.
"Individual" means an offeror/contractor that has no more than one
employee including the offeror/contractor.
(b) The Contractor, if other than an individual, shall--within 30
days after award (unless a longer period is agreed to in writing for
contracts of 30 days or more performance duration), or as soon as possible
for contracts of less than 30 days performance duration--
(1) Publish a statement notifying its employees that the
unlawful manufacture, distribution, dispensing, possession, or use of
a controlled substance is prohibited in the Contractor's workplace and
specifying the actions that will be taken against employees for
violations of such prohibition;
(2) Establish an ongoing drug-free awareness program to inform
such
00700-49
employees about--
(i) The dangers of drug abuse in the workplace;
(ii) The Contractor's policy of maintaining a drug-free
workplace;
(iii) Any available drug counseling, rehabilitation, and
employee assistance programs; and
(iv) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(3) Provide all employees engaged in performance of the contract
with a copy of the statement required by subparagraph (b)(1) of this
clause;
(4) Notify such employees in writing in the statements required
by subparagraph (b) (1) of this clause that, as a condition of
continued employment on this contract, the employee will--
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's
conviction under a criminal drug statute for a violation
occurring in the workplace no later than 5 days after such
conviction.
(5) Notify the Contracting Officer in writing within 10 days
after receiving notice under subdivision (b)(4)(ii) of this clause,
from an employee or otherwise receiving actual notice of such
conviction. The notice shall include the position title of the
employee;
(6) Within 30 days after receiving notice under subdivision (b)
(4)(ii) of this clause of a conviction, take one of the following
actions with respect to any employee who is convicted of a drug abuse
violation occurring in the workplace:
(i) Taking appropriate personnel action against such
employee, up to and including termination; or
(ii) Require such employee to satisfactorily participate
in a drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law
enforcements, or other appropriate agency, and
(7) Make a good faith effort to maintain a drug-free workplace
through implementation of subparagraphs (b)(1) through (b)(6) of this
clause.
(c) The Contractor, if an individual, agrees by award of the contract
or acceptance of a purchase order, not to engage in the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance while performing this contract.
(d) In addition to other remedies available to the Government, the
Contractor's failure to comply with the requirements of paragraph (b)
or (c) of this clause may, pursuant to FAR 23.506, render the
Contractor subject to suspension of contract payments, termination of
the contract
00700-50
for default, and suspension of debarment.
(End of Clause)
35 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (OCT 1996)
(a) Unless otherwise exempt, the Contractor, as owner or operator of a
facility used in the performance of this contract, shall file by July 1 for
the prior calendar year an annual Toxic Chemical Release Inventory Form
(Form R) as described in sections 313(a) and (g) of the Emergency Planning
and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023 (a) and
(g)), and section 6607 of the Pollution Prevention Act 1990 (PPA)
(42 U.S.C 13106). The Contractor shall file, for each facility subject to
the Form R filing and reporting requirements, the annual Form R throughout
the life of the contract.
(b) A Contractor owned or operated facility used in the performance of
this contract is exempt from the requirement to file an annual Form R if--
(1) The facility does not manufacture, process, or otherwise use
any toxic chemicals listed under section 313 (c) of EPCRA, 42 U.S.C 11023
(c);
(2) The facility does not have 10 or more full-time employees as
specified in section 313 (b) (1) (A) of EPCRA, 42 U.S.C. 11023 (b) (1)
(A);
(3) The facility does not meet the reporting thresholds of toxic
chemicals established under Section 313 (f) of EPCRA, 42 U.S.C. 11023 (f)
(including the alternate threshold at 40 CFR 372.27, provided an
appropriate certification form has been filed with EPA);
(4) The facility does not fall within Standard Industrial
Classification Code (SIC) designations 20 through 39 as set forth in
Section 19.102 of the Federal Acquisition Regulation (FAR); or
(5) The facility is not located within any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American, Samoa, the United States Virgin Islands, the Northern Mariana
Islands, or any other territory or possession over which the United
States has jurisdiction.
(c) If the Contractor has certified to an exemption in accordance with
one or more of the criteria in paragraph (b) of this clause, and after
award of the contract circumstances change so that any of its owned or
operated facilities used in the performance of this contract is no longer
exempt--
(1) The Contractor shall notify the Contracting Officer; and
(2) The Contractor, as owner or operator of a facility used in the
performance of this contract that is no longer exempt; shall (i) submit a
00700-51
Toxic Chemical Release Inventory Form (Form R) On or before July 1 for
the prior calendar year during which the facility becomes eligible;
and (ii) continue to file the annual Form R for the life of the
contract for such facility.
(d) The Contracting Officer may terminate this Contract or take other
action as appropriate, if the Contractor fails to comply accurately and
fully with the EPCRA and PPA toxic chemical release filing and reporting
requirements.
(e) Except for acquisitions of commercial items as defined in FAR
Part 2. the Contractor shall--
(1) For competitive subcontracts expected to exceed $100,000
(including all options), include a solicitation provision
substantially the same as the provision at FAR 52.223-33,
Certification of Toxic Chemical Release Reporting; and
(2) Include in any resultant subcontract exceeding $100,000
(including all options), the substance of this clause, except this
paragraph (e).
(End of clause)
36 52.225-5 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (MAY 1992)
(a) The Buy American Act (41 U.S.C. 10) provides that the Government
give preference to domestic construction material.
"Components," as used in this clause, means those articles, materials,
and supplies incorporated directly into construction materials.
"Construction materials," as used in this clause, means an article,
material, or supply brought to the construction site for incorporation into
the building or work. Construction material also includes an item brought
to the site pre-assembled from articles, materials or supplies. However,
emergency life safety systems, such as emergency lighting, fire alarm, and
audio evacuation systems, which are discrete systems incorporated into a
public building or work and which are produced as a complete system, shall
be evaluated as a single and distinct construction material regardless of
when or how the individual parts or components of such systems are
delivered to the construction site.
"Domestic construction material," as used in this clause, means (1) an
unmanufactured construction material mined or produced in the United
States, or (2) a construction material manufactured in the United States,
if the cost of its components mined, produced, or manufactured in the
United States exceeds 50 percent of the cost of all its components.
Components of foreign origin of the same class or kind as the construction
00700-52
materials determined to be unavailable pursuant to subparagraph
25.202(a)(3) of the Federal Acquisition Regulation (FAR) shall be
created as domestic.
(b) The Contractor agrees that only domestic construction
material will be used by the Contractor, subcontractors, materialmen,
and suppliers in the performance of this contract, except for foreign
construction materials, if any, listed in this contract. (The
foregoing requirements are administered in accordance with Executive
Order No. 10582, dated December 17, 1954, as amended, and Subpart 25.2
of the FAR).
(End of clause)
37 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (OCT 1996)
(a) Unless advance written approval of the Contracting Officer
is obtained, the Contractor shall not acquire, for use in the
performance of this contract, any supplies of services originating
from sources within, or that were located in or transported from or
through, countries whose products are banned from importation into the
United States under regulations of the Office of Foreign Assets
Control, Department of the Treasury. Those countries include Cuba,
Iran, Iraq, Libya, and North Korea.
(b) The Contractor shall not acquire for use in the performance
of this contract any supplies or services from entities controlled by
the Government of Iraq.
(c) The Contractor agrees to insert the provisions of this
clause, including this paragraph (c), in all subcontracts hereunder.
(End of clause)
38 52.225-15 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE
AGREEMENTS ACT AND NORTH AMERICAN FREE TRADE AGREEMENT
(JAN 1996)
(a) Definitions. As used in this clause--
"Components" means those articles, materials, and supplies
incorporated directly into construction materials.
"Construction material" means an article, material, or supply
brought to the construction site for incorporation into the building
or work. Construction material also includes an item brought to the
site pre-assembled from articles, materials, or supplies. However,
emergency life safety systems, such as emergency lighting, fire alarm,
and audio
00700-53
evacuation systems, which are discrete systems incorporated into a
public building or work and which are produced as a complete system,
shall be evaluated as a single and distinct construction material
regardless of when or how the individual parts or components of such
Systems are delivered to the construction site.
"Designated country construction material" means a construction
material that (a) is wholly the growth, product, or manufacture of a
designated country (as defined at FAR 25.401), or (b) in the case of
a construction material which consists in whole or in part of
materials from another country or instrumentality, has been
substantially transformed in a designated country into a new and
different construction material distinct from the materials from which
it was transformed.
"Domestic construction material" means (1) an unmanufactured
construction material mined or produced in the United States, or (2) a
construction material manufactured in the United States, if the cost
of its components mined, produced, or manufactured in the United
States exceeds 50 percent of the cost of all its components.
Components of foreign origin of the same class or kind as the
construction materials determined to be unavailable pursuant to
subparagraph 25.202(a) (3) of the Federal Acquisition Regulation (FAR)
shall be treated as domestic.
"North American Free Trade Agreement (NAFTA) country" means
Canada or Mexico.
"NAFTA country construction material" means a construction
material that (a) is wholly the growth, product, or manufacture of a
NAFTA country, or (b) in the case of a construction material which
consists in whole or in part of materials from another country or
instrumentality, has been substantially transformed in a NAFTA country
into a new and different construction material distinct from the
materials from which it was transformed.
(b) The Buy American Act (41 U.S.C 10) provides that the
Government give preference to domestic material. In addition, the
Trade Agreements Act and the North American Free Trade Agreement
(NAFTA) provide that designated country and NAFTA construction
materials are exempted from application of the Buy American Act.
(c) The Contractor agrees that only domestic construction
materials, NAFTA country construction materials or designated country
construction materials will be used by the Contractor, subcontractors,
material men and suppliers in the performance of this contract,
except for other foreign construction materials, if any, listed in
this contract.
(End of clause)
00700-54
39 52.226-1 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED
ECONOMIC ENTERPRISES (SEP 1996)
(a) For Department of Defense contracts, this clause applies only if the
contract includes a subcontracting plan incorporated under the terms of the
clause at 52.219-9. Small, Small Disadvantaged and Women-Owned Small
Business Subcontracting Plan. It does not apply to contracts awarded based
on a subcontracting plan submitted and approved under paragraph (g) of the
clause at 52.219
(b) Definitions. As used in this clause:
"Indian" means any person who is a member of any Indian tribe, band,
group, pueblo or community which is recognized by the Federal Government as
eligible for services from the Bureau of Indian Affairs (BIA) in accordance
with 25 U.S.C. 1452(c) and any "Native" as defined in the Alaska Native
Claims Settlement Act (43 U.S.C. 1601).
"Indian organization" means the governing body of any Indian tribe or
entity established or recognized by the governing body of an Indian tribe
for the purposes of 25 U.S.C., Chapter 17.
"Indian-owned economic enterprise" means any Indian-owned (as determined
by the Secretary of the Interior) commercial, industrial, or business
activity established or organized for the purpose of profit, provided that
Indian ownership shall constitute not less than 51 percent of the
enterprise.
"Indian tribe" means any Indian tribe, band, group, pueblo or community,
including native villages and native groups (including corporations
organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska
Native Claims Settlement Act, which is recognized by the Federal Government
as eligible for services from BIA in accordance with 25 U.S.C. 1542(c).
"Interested party" means a prime contractor or an actual or prospective
offeror whose direct economic interest would be affected by the award of a
subcontract or by the failure to award a subcontract.
(c) The Contractor agrees to use its best efforts to give Indian
organizations and Indian-owned economic enterprises (25 U.S.C. 1544) the
maximum practicable opportunity to participate in the subcontracts it
awards to the fullest extent consistent with efficient performance of its
contract.
(1) The Contracting Officer and the Contractor, acting in good faith,
may rely on the self-certification of an Indian organization or Indian-
owned economic enterprise as to its eligibility, unless an interested
party challenges its status or the Contracting Officer has independent
reason to question that status. In the event of a challenge
00700-55
to the self-certification of a subcontractor, the Contracting Officer
shall refer the matter to the U.S. Department of the Interior, Bureau
of Indian Affairs (BIA), Attn: Chief, Division of Contracting and
Grants Administration, 1849 C Street, NW, MS-334A-5IB, Washington, DC
20245. The BIA will determine the eligibility and notify the
Contracting Officer. The 5 percent incentive payment will not be made
within 50 working days of subcontract award or while a challenge is
pending. If a subcontractor is determined to be an ineligible
participant, no incentive payment will be made under the Indian
Incentive Program.
(2) The Contractor may request an adjustment under the Indian
Incentive Program to the following:
(i) The estimated cost of a cost-type contract.
(ii) The target cost of a cost-plus-incentive-fee prime
contract.
(iii) The target cost and ceiling price of a fixed-price
incentive prime contract.
(iv) The price of a firm-fixed-price prime contract.
(3) The amount of the equitable adjustment to the prime contract
shall be 5 percent of the estimated cost, target cost or firm fixed-
price included in the subcontract initially awarded to the Indian
organization or Indian-owned economic enterprise.
(4) The Contractor has the burden of proving the amount claimed
and must assert its request for an adjustment prior to completion of
contract performance.
(d) The Contracting Officer, subject to the terms and conditions of
the contract and the availability of funds, shall authorize an incentive
payment of 5 percent of the amount paid to the subcontractor. Contracting
Officers shall seek funding in accordance with agency procedures. The
Contracting Officer's decision is final and not subject to the Disputes
clause of this contract.
(End of clause)
40 52.227-1 AUTHORIZATION AND CONSENT (JUL 1995)
(a) The Government authorizes and consents to all use and
manufacture, in performing this contract or any subcontract at any time, of
any invention described in and covered by a United States patent (1)
embodied in the structure or composition of any article the delivery of
which is accepted by the Government under this contract or (2) used in
machinery, tools, or methods whose use necessarily results from compliance
by the
00700-56
Contractor or a subcontractor with (i) specifications of written
provisions forming a part of this contract or (ii) specific written
instructions given by the Contracting Officer directing the manner of
performance. The entire liability to the Government for infringement
of a patent of the United States shall be determined solely by the
provisions of the indemnity clause, if any, included in this contract
or any subcontract hereunder (including any lower-tier subcontract),
and the Government assumes liability for all other infringement to the
extent of the authorization and consent hereinabove granted.
(b) The Contractor agrees to include, and require inclusion of,
this clause, suitably modified to identify the parties, in all
subcontracts at any tier for supplies or services (including
construction, architect-engineer services, and materials, supplies,
models, samples, and design or casting services expected to exceed the
simplified acquisition threshold), however, omission of this clause
from any subcontract, including those at or below the simplified
acquisition threshold, does not affect this authorization and
consent.
(End of Clause)
41 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT (AUG 1996)
(a) The Contractor shall report to the Contracting Officer,
promptly and in reasonable written detail, each notice or claim of
patent or copyright infringement based on the performance of this
contract of which the Contractor has knowledge.
(b) In the event of any claim or suit against the Government on
account of any alleged patent or copyright infringement arising out of
the performance of this contract or out of the use of any supplies
furnished or work or services performed under this contract, the
Contractor shall furnish to the Government, when requested by the
Contracting Officer, all evidence and information in possession of the
Contractor pertaining to such suit or claim, such evidence and
information shall be furnished at the expense of the Government except
where the Contractor has agreed to indemnify the Government.
(c) The Contractor agrees to include, and require inclusion of,
this clause in all subcontracts at any tier for supplies or services
(including construction and architect-engineer subcontracts and those
for material, supplies, models, samples, or design or testing
services) expected to exceed the simplified acquisition threshold at
FAR 2.101.
00700-57
(End of clause)
42 52.227-4 PATENT INDEMNITY -- CONSTRUCTION CONTRACTS (APR 1984)
Except as otherwise provided, the Contractor agrees to indemnify
the Government and its officers, agents, and employees against
liability, including costs and expenses, for infringement upon any
United States patent (except a patent issued upon an application that
is now or may hereafter be withheld from issue pursuant to a Secrecy
Order under 35 U.S.C 181) arising out of performing this contract or
out of the use or disposal by or for the account of the Government of
supplies furnished or work performed under this contract.
(End of clause)
(R 7-602.16 1964 JUN)
43 52.227-11 PATENT RIGHTS -- RETENTION BY THE CONTRACTOR (SHORT FORM)
(JUN 1989)
(a) Definitions.
(1) "Invention" means any invention or discovery which is or
may be patentable or otherwise protectable under title 35 of the
United States Code, or any novel variety of plant which is or may
be protected under the Plant Variety Protection Act (7 U.S.C. 2321,
et seq.).
(2) "Made" when used in relation to any invention means the
first actual reduction to practice of such invention.
(3) "Nonprofit organization" means a university or other
institution of higher education or an organization of the type
described in section 501(c)(3) of the Internal Revenue Code of 1954
(26 U.S.C. 501(c)) and exempt from taxation under section 501(a) of
the Internal Revenue Code (26 U.S.C. 501(a)) or any nonprofit
scientific or educational organization qualified under a State
nonprofit organization statute.
(4) "Practical application" means to manufacture, in the case
of a composition of product; to practice, in the case of a process
or method, or to operate, in the case of a machine or system; and,
in each case, under such conditions as to establish that the
invention is being utilized and that its benefits are, to the
extent permitted by law or Government regulations, available to the
public on reasonable terms.
(5) "Small business firm" means a small business concern as
defined at section 2 of Pub. L. 85-536 (15 U.S.C. 632) and
implementing regulations of the Administrator of the Small Business
Administration. For the
purpose of this clause, the size standards for small business concerns
involved in Government procurement and subcontracting at 13 CFR 121.3-
8 and 13 CFR 121.3-12, respectively, will be used.
(6) "Subject invention" means any invention of the contractor
conceived or first actually reduced to practice in the performance of
work under this contract, provided that in the case of a variety of
plant, the date of determination (as defined in section 41(d) of the
Plant Variety Protection Act, 7 U.S.C. 2401(d)) must also occur during
the period of contract performance.
(b) Allocation of principal rights. The Contractor may retain the
entire right, title, and interest throughout the world to each subject
invention subject to the provisions of this clause and 35 U.S.C. 203. With
respect to any subject invention which the Contractor retains title, the
Federal Government shall have a nonexclusive, nontransferable, irrevocable,
paid-up license to practice or have practiced for or on behalf of the
United States the subject invention throughout the world.
(c) Invention disclosure, election of title, and filing of patent
application by Contractor. (1) The Contractor will disclose each subject
invention to the Federal agency within 2 months after the inventor
discloses it in writing to Contractor personnel responsible for patent
matters. The disclosure to the agency shall be in the form of a written
report and shall identify the contract under which the invention was made
and the inventor(s). It shall be sufficiently complete in technical detail
to convey a clear understanding to the extent known at the time of the
disclosure, of the nature, purpose, operation, and the physical, chemical,
biological or electrical characteristics of the invention. The disclosure
shall also identify any publication, on sale or public use of the invention
and whether a manuscript describing the invention has been submitted for
publication and, if so, whether it has been accepted for publication at the
time of disclosure. In addition, after disclosure to the agency, the
Contractor will promptly notify the agency of the acceptance of any
manuscript describing the invention for publication or of any on sale or
public use planned by the Contractor.
(2) The Contractor will elect in writing whether or not to
retain title disclosure to the Federal agency. However, in any case
where publication, on sale or public use has initiated the 1-year
statutory period wherein valid patent protection can still be obtained
in the United States, the period for election of title may be
shortened by the agency to a date that is no more than 60 days prior
to the end of the statutory period.
(3) The Contractor will file its initial patent application on
a
00700-59
subject invention to which it elects to retain title within 1 year after
election if title or, if earlier, prior to the end of any statutory period
wherein valid patent protection can be obtained in the United States after a
publication, or sale, or public use. The Contractor will file patent
applications in additional countries or international patent offices within
either 10 months of the corresponding initial patent application or 6 months
from the date permission is granted by the Commissioner of Patents and
Trademarks to file foreign patent applications where such filing has been
prohibited by a Secrecy Order.
(4) Requests for extension of the time for disclosure election, and filing
under subparagraphs (c) (1), (2), and (3) of this clause may, at the
discretion of the agency, be granted.
(d) Conditions when the Government may obtain title. The Contractor will
convey to the Federal agency, upon written request, title to any subject
invention--
(1) If the Contractor fails to disclose or elect title to the subject
invention within the times specified in paragraph (c) of this clause, or
elects not to retain title, provided, that the agency may only request title
within 60 days after learning of the failure of the Contractor to disclose or
elect within the specified times.
(2) In those countries in which the Contractor fails to file patent
applications within the times specified in paragraph (c) of this clause;
provided, however, that if the Contractor has filed a patent application in a
country after the times specified in paragraph (c) of this clause, but prior
to its receipt of the written request of the Federal agency, the Contractor
shall continue to retain title in that country.
(3) In any country in which the Contractor decides not to continue the
prosecution of any application for, to pay the maintenance fees on, or defend
in reexamination or opposition proceeding on, a patent on a subject
invention.
(e) Minimum rights to Contractor and protection of the Contractor right to
file. (1) The Contractor will retain a nonexclusive royalty-free license
throughout the world in each subject invention to which the Government obtains
title, except if the Contractor fails to disclose the invention within the times
specified in paragraph (c) of this clause. The Contractor's license extends to
its domestic subsidiary and affiliates, if any, within the corporate structure
of which the Contractor is a party and includes the right to grant sublicenses
of the same scope to the extent the Contractor was legally obligated to do so at
the time the contract was awarded. The license is transferable only with the
approval of the Federal agency, except when transferred to the successor of that
part of the
00700-60
Contractor's business to which the invention pertains.
(2) The Contractor's domestic license may be revoked or modified by
the funding Federal agency to the extent necessary to achieve expeditious
practical application of subject invention pursuant to an application for
an exclusive license submitted in accordance with applicable provisions
at 37 CFR Part 404 and agency licensing regulations (if any). This
license will not be revoked in that field of use or the geographical
areas in which the Contractor has achieved practical application and
continues to make the benefits of the invention reasonably accessible to
the public. The license in any foreign country may be revoked or modified
at the discretion of the funding Federal agency to the extent the
Contractor, its licensees, or the domestic subsidiaries or affiliates
have failed to achieve practical application in that foreign country.
(3) Before revocation or modification of the license, the funding
Federal agency will furnish the Contractor a written notice of its
intention to revoke or modify the license, and the Contractor will be
allowed 30 days (or such other time as may be authorized by the funding
Federal agency for good cause shown by the Contractor) after the notice
to show cause why the license should not be revoked or modified. The
Contractor has the right to appeal, in accordance with applicable
regulations in 37 CFR Part 404 and agency regulations, if any, concerning
the licensing of Government-owned inventions, any decision concerning the
revocation or modification of the license.
(f) Contractor action to protect the Government's interest. (1) The
Contractor agrees to execute or to have executed and promptly deliver to
the Federal agency all instruments necessary to (i) establish or confirm
the rights the Government has throughout the world in those subject
inventions to which the Contractor elects to retain title, and (ii) convey
title to the Federal agency when requested under paragraph (d) of this
clause and to enable the Government to obtain patent protection throughout
the world in that subject invention.
(2) The Contractor agrees to require, by written agreement, its
employees, other than clerical and nontechnical employees, to disclose
promptly in writing to personnel identified as responsible for the
administration of patent matters and in a format suggested by the
Contractor each subject invention made under contract in order that the
Contractor can comply with the disclosure provisions of paragraph (c) of
this clause, and to execute all papers necessary to file patent
applications on subject inventions and to establish the Government's
rights in the subject inventions. This disclosure format should
00700-61
require, as a minimum, the information required by subparagraph (c)(1) of
this clause. The Contractor shall instruct such employees, through employee
agreements or other suitable educational programs, on the importance of
reporting inventions in sufficient time to permit the filing of patent
applications prior to U.S. or foreign statutory bars.
(3) The Contractor will notify the Federal agency of any decisions not
to continue the prosecution of a patent application, pay maintenance fees,
or defend in a reexamination or opposition proceeding on a patent, in any
country, not less than 30 days before the expiration of the response period
required by the relevant patent office.
(4) The Contractor agrees to include within the specification of any
United States patent application and any patent issuing thereon covering a
subject invention, the following statement, "This invention was made with
Government support under (identify the contract) awarded by (identify the
Federal agency). The Government has certain rights in the invention."
(g) Subcontracts. (1) The Contractor will include this clause, suitably
modified to identify the parties, in all subcontracts, regardless of tier, for
experimental, developmental, or research work to be performed by a small
business firm or domestic nonprofit organization. The subcontractor will
retain all rights provided for the Contractor in this clause, and the
Contractor will not, as part of the consideration for awarding the
subcontract, obtain rights in the subcontractor's subject inventions.
(2) The Contractor will include in all other subcontracts, regardless
of tier, for experimental, developmental, or research work the patent
rights clause required by Subpart 27.3.
(3) In the case of subcontracts, at any tier, the agency,
subcontractor, and the Contractor agree that the mutual obligations of the
parties created by this clause constitute a contract between the
subcontractor and the Federal agency with respect to the matters covered by
the clause; provided, however, that nothing in this paragraph is intended
to confer any jurisdiction under the Contract Disputes Act in connection
with proceeding under paragraph (j) of this clause.
(h) Reporting on utilization of subject inventions. The Contractor agrees
to submit, on request, periodic reports no more frequently than annually on
the utilization of a subject invention or on efforts at obtaining such
utilization that are being made by the Contractor or its licensees or
assignees. Such reports shall include information regarding the status of
development, date of first commercial sale or use, gross royalties received by
the Contractor, and such other data and information as the agency may
reasonably specify. The Contractor also agrees to
00700-62
provide additional reports as may be requested by the agency in
connection with any march-in proceeding undertaken by the agency in
accordance with paragraph (j) of this clause. As required by 35 U.S.C.
202(c)(5), the agency agrees it will not disclose such information to
persons outside the Government without permission of the Contractor.
(i) Preference of United States industry. Notwithstanding any
other provision of this clause, the Contractor agrees that neither it
nor any assignee will grant to any person the exclusive right to use
or sell any subject invention in the United States unless such person
agrees that any product embodying the subject invention or produced
through the use of the subject invention will be manufactured
substantially in the United States. However, in individual cases, the
requirement for such an agreement may be waived by the Federal agency
upon a showing by the Contractor or its assignee that reasonable but
unsuccessful efforts have been made to grant licenses on similar terms
to potential licensees that would be likely to manufacture
substantially in the Unites states or that under the circumstances
domestic manufacture is not commercially feasible.
(j) March-in rights. The Contractor agrees that, with respect to
any subject invention in which it has acquired title, the Federal
agency has the right in accordance with the procedures in 37 CFR 401.6
and any supplemental regulations of the agency to require the
Contractor, an assignee or exclusive licensee of a subject invention
to grant a nonexclusive, partially exclusive, or exclusive license in
any field of use to a responsible applicant or applicants, upon terms
that are reasonable under the circumstances, and if the Contractor,
assignee, or exclusive licensee refuses such a request the Federal
agency has the right to grant such a license itself if the Federal
agency determines that--
(1) Such action is necessary because the Contractor or assignee
has not taken, or is not expected to take within a
reasonable time, effective steps to achieve practical
application of the subject invention in such field of use;
(2) Such action is necessary to alleviate health or safety needs
which are not reasonably satisfied by the Contractor,
assignee, or their licensees;
(3) Such action is necessary to meet requirements for public use
specified by Federal regulations and such requirements are
not reasonably satisfied by the Contractor, assignee, or
licensees; or
(4) Such action is necessary because the agreement required by
paragraph (i) of this clause has not been obtained or waived
or because a licensee of the exclusive right to use or sell
any subject invention in the United States is in breach of
such agreement.
00700-63
(k) Special provisions for contracts with nonprofit organizations. If the
Contractor is a nonprofit organisation, it agrees that--
(1) Rights to a subject invention in the United States may not be assigned
without the approval of the Federal agency, except where such assignment is
made to an organization which has as one of its primary functions the
management of inventions, provided, that such assignee will be subject to
the same provisions as the Contractor:
(2) The Contractor will share royalties collected on a subject invention
with the inventor, including Federal employee co-investors (when the agency
deems it appropriate) when the subject invention is assigned in accordance
with the 35 U.S.C. 202(e) and 37 CFR 401.10;
(3) The balance or any royalties or income earned by the Contractor with
respect to subject inventions, after payment of expenses (including
payments to investors) incidental to the administration of subject
inventions will be utilized for the support of scientific research or
education; and
(4) It will make efforts that are reasonable under the circumstances to
attract licensees of subject inventions that are small business firms, and
that it will give a preference to a small business firm when licensing a
subject invention if the Contractor determines that the small business firm
has a plan or proposal for marketing the invention which, if executed, is
equally as likely to bring the invention to practical application as any
plans or proposals from applicants that are not small business firms;
provided, that the Contractor is also satisfied that the small business firm
has the capability and resources to carry out its plan or proposal. The
decision whether to give a preference in any specific case will be at the
discretion of the contractor. However, the Contractor agrees that the
Secretary of Commerce may review the Contractor's licensing program and
decisions regarding small business applicants, and the Contractor will
negotiate changes to its licensing policies, procedures, or practices with
the Secretary of Commerce when the Secretary's review discloses that the
Contractor could take reasonable steps to more effectively implement the
requirements of this subparagraph (k) (4).
(1) Communications.
(Complete according to agency instructions.)
(End of clause)
44 52.227-12 PATENT RIGHTS--RETENTION BY THE CONTRACTOR (LONG FORM) (JAN 1997)
00700-64
(a) Definitions. "Invention" means any invention or discovery
which is or may be patentable or otherwise protectable under title 35
of the United States Code or any novel variety of plant that is or may
be protectable under the Plant Variety Protection Act (7 U.S.C. 2321,
et seq.).
"Made" when used in relation to any invention means the
conception or first actual reduction to practice of such invention.
"Nonprofit organization" means a domestic university or other
institution of higher education or an organization of the type
described in section 501(c)(3) of the Internal Revenue Code of 1954
(26 U.S.C. 501(c)) and exempt from taxation under section 501(^) of
the Internal Revenue Code (26 U.S.C. 501(a)) or any nonprofit
scientific or educational organization qualified under a state
nonprofit organization statute.
"Practical application" means to manufacture in the case of a
composition or product, to practice in the case of a process or
method, or to operate in the case of a machine or system; and, in each
case, under such conditions as to establish that the invention being
utilized and that its benefits are, to the extent permitted by law or
Government regulations, available to the public on reasonable terms.
"Small business firm" means a small business concern as defined
at section 2 of Pub. L. 85-536 (15 U.S.C. 632) and implementing
regulations of the Administrator of the Small Business Administration.
For the purpose of this clause, the size standards for small business
concerns involved in Government procurement and subcontracting at 13
CFR 121.3-8 and 13 CFR 121.3-12, respectively, will be used.
"Subject invention" means any invention of the Contractor
conceived or first actually reduced to practice in the performance of
work under this contract: provided, that in the case of a variety of
plant, the date of determination (as defined in section 41(d) of the
Plant Variety Protection Act, 7 U.S.C. 2401(d)) must also occur during
the period of contract performance.
(b) Allocation of principal rights. The Contractor may elect to
retain the entire right, title, and interest throughout the world to
each subject invention subject to the provisions of this clause and 35
U.S.C. 203. With respect to any subject invention in which the
Contractor elects to retain title, the Federal Government shall have a
nonexclusive, nontransferable, irrevocable, paid-up license to
practice or have practiced for or on behalf of the United States the
subject invention throughout the world.
(c) Invention disclosure, election of title, and filling of
patent applications by Contractor. (1) The Contractor shall disclose
each subject invention to the Contracting Officer within 2 months
after the inventor discloses it in writing to Contractor personnel
responsible for patent
00700-65
matters or within 6 months after the Contractor becomes aware that a subject
invention has been made, whichever is earlier. The disclosure to the
Contracting Officer shall be in the form of a written report and shall
identify the contract under which the invention was made and the inventor(s).
It shall be sufficiently complete in technical detail to convey a clear
understanding, to the extend known at the time of the disclosure, of the nature,
purpose, operation, and physical, chemical, biological, or electrical
characteristics of the invention. The disclosure shall also identify any
publication, on sale, or public use of the invention and whether a manuscript
describing the invention has been submmitted for publication and, if so, whether
it has been accepted for publication at the time of disclosure. In addition,
after disclosure to the Contracting Officer, the Contractor shall promptly
notify the Contracting Officer of the acceptance of any manuscript describing
the invention for publication or of any on sale or public use planned by the
Contractor.
(2) The Contractor shall elect in writing whether or not to retain
title to any such invention by notifying the Federal agency at the time of
disclosure or within 8 months of disclosure, as to those countries (including
the United States) in which the contractor will retain title; provided, that
in any case where publication, on sale, or public use has initiated the 1-year
statutory period wherein valid patent protection can still be obtained in the
United States, the period of election of title may be shortened by the agency
to a date that is no more than 60 days prior to the end of the statutory
period.
(3) The Contractor shall file its initial patent application on an elected
invention within 1 year after election or, if earlier, prior to the end of any
statutory period wherein valid patent protection can be obtained in the United
States after a publication, on sale, or public use. The Contractor shall file
patent applications in additional countries (including the European Patent
Office and under the Patent Cooperation Treaty) within either 10 months of the
corresponding initial patent application or 6 months from the date permission
is granted by the Commissioner of Patents and Trademarks to file foreign
patent applications where such filing has been prohibited by a Secrecy Order.
(4) Requests for extension of the time for disclosure to the Contracting
Officer, election, and filing may, at the discretion of the funding Federal
agency, be granted, and will normally be granted unless the Contracting
Officer has reason to believe that a particular extension would prejudice the
Government's interest.
(d) Conditions when the Government may obtain title. The Contractor shall
00700-66
convey to the Federal agency, upon written request, title to any subject
invention--
(1) If the Contractor elects not to retain title to a subject
invention;
(2) If the Contractor fails to disclose or elect the subject
invention within the times specified in paragraph (c) above (the agency
may only request title within 60 days after learning of the
Contractor's failure to report or elect within the specified times);
(3) In those countries in which the Contractor fails to file patent
applications within the times specified in paragraph (c) above;
provided, however, that if the Contractor has filed a patent application
in a country after the times specified in paragraph (c) above, but prior
to its receipt of the written request of the Federal agency, the
Contractor shall continue to retain title in that country; or
(4) In any country in which the Contractor decides not to continue
the prosecution of any application for, to pay the maintenance fees on,
or defend in reexamination or opposition proceeding on, a patent on a
subject invention.
(e) Minimum rights to Contractor. (1) The Contractor shall retain a
nonexclusive, royalty-free license throughout the world in each subject
invention to which the Government obtains title except if the Contractor
fails to disclose the subject invention within the time specified in
paragraph (c) above. The Contractor's license extends to its domestic
subsidiaries and affiliates, if any, within the corporate structure of
which the Contractor is a part and includes the right to grant sublicenses
of the same scope to the extent the Contractor was legally obligated to do
so at the time the contract was awarded. The license is transferable only
with the approval of the funding Federal agency except when transferred to
the successor of that part of the Contractor's business to which the
invention pertains.
(2) The Contractor's domestic license may be revoked or modified by
the funding Federal agency to the extent necessary to achieve to
expeditious practical application of the subject invention pursuant to
an application for an exclusive license submitted in accordance with
applicable provisions in the Federal Property Management Regulations and
agency licensing regulations (if any). This license shall not be revoked
in that field of use or the geographical areas in which the Contractor
has achieved practical application and continues to make the benefits of
the invention reasonably accessible to the public. The license in any
foreign country may be revoked or modified at the discretion of the
funding Federal agency to the extent the Contractor, its licensees, or
00700-67
its domestic subsidiaries or affiliates have failed to achieve
practical application in that foreign country.
(3) Before revocation or modification of the license, the
funding Federal agency shall furnish the Contractor a written notice
of its intention to revoke or modify the license, and the Contractor
shall be allowed 30 days (or such other time as may be authorized by
the funding Federal agency for good cause shown by the Contractor)
after the notice to show cause why the license should not be revoked
or modified. The Contractor has the right to appeal, in accordance
with applicable agency licensing regulations and 37 CFR 404 concerning
the licensing of Government-owned inventions, any decision concerning
the revocation or modification of its license.
(f) Contractor action to protect the Government's interest. (1) The
Contractor agrees to execute or to have executed and promptly deliver to
the Federal agency all instruments necessary to (i) establish or confirm
the rights the Government has throughout the world in those subject
inventions to which the Contractor elects to retain title, and (ii) convey
title to the Federal agency when requested under paragraph (d) above and
subparagraph (n) (2) below, and to enable the Government to obtain patent
protection throughout the world in that subject invention.
(2) The Contractor agrees to require, by written agreement, its
employees, other than clerical and nontechnical employees, to disclose
promptly in writing to personnel identified as responsible for the
administration of patent matters and in a format suggested by the
Contractor each subject invention made under contract in order that
the Contractor can comply with the disclosure provision of paragraph
(c) above, and to execute all papers necessary to file patent
applications on subject inventions and to establish the Government's
rights in the subject inventions. This disclosure format should
require, as a minimum, the information required by subparagraph (c)
(1) above. The Contractor shall instruct such employees through
employee agreements or other suitable educational programs on the
importance of reporting inventions in sufficient time to permit the
filing of patent applications prior to U.S. or foreign statutory bars.
(3) The Contractor shall notify the Federal agency of any
decision not to continue the prosecution of a patent application, pay
maintainance fees, or defend in a reexamination or opposition
proceeding on a patent, in any country, not less than 30 days before
the expiration of the response period required by the relevant patent
office.
(4) The Contractor agrees to include, within the specification
of any United States patent application and any patent issuing thereon
covering
00700-68
a subject invention, the following statement: "This invention was made with
Government support under (identify the contract) awarded by (identify the
Federal agency). The Government has certain rights in this invention."
(5) The Contractor shall establish and maintain active and effective
procedures to assure that subject inventions are promptly identified and
disclosed to Contractor personnel responsible for patent matters within 6
months of conception and/or first actual reduction to practice, whichever
occurs first in performance of work under this contract. These procedures
shall include the maintenance of laboratory notebooks or equivalent records
and other records as are reasonably necessary to document the conception
and/or the first actual reduction to practice of subject inventions, and
records that show that the procedures for identifying and disclosing the
inventions are followed. Upon request, the Contractor shall furnish the
Contracting Officer a description of such procedures for evaluation and for
determination as to their effectiveness.
(6) The Contractor agrees, when licensing a subject invention, to
arrange to avoid royalty charges on acquisitions involving Government
funds, including funds derived through Military Assistance Program of the
Government or otherwise derived through the Government, to refund any
amounts received as royalty charges on the subject invention in
acquisitions for, or on behalf of, the Government, and to provide for such
refund in any instrument transferring rights in the invention to any party.
(7) The Contractor shall furnish the Contracting Officer the
following:
(i) Interim reports every 12 months (or such longer period as
may be specified by the Contracting Officer) from the date of the
contract, listing subject inventions during that period and stating
that all subject inventions have been disclosed or that there are no
such inventions.
(ii) A final report, within 3 months after completion of the
contracted work, listing all subject inventions or stating that there
were no such inventions, and listing all subcontracts at any tier
containing a patent rights clause or stating that there were no such
subcontracts.
(8) The Contractor shall promptly notify the Contracting Officer in
writing upon the award of any subcontract at any tier containing a patent
rights clause by identifying the subcontractor, the applicable patent
rights clause, the work to be performed under the subcontract, and the
dates of award and estimated completion. Upon request of the Contracting
00700-69
Officer, the Contractor shall furnish a copy of such subcontract,
and no more frequently than annually, a listing of the
subcontracts that have been awarded.
(9) In the event of a refusal by a prospective
subcontractor to accept one of the clauses in subparagraph (g)
(1) or (2) below, the Contractor (i) shall promptly submit a
written notice to the Contracting Officer setting forth the
subcontractor's reasons for such refusal and other pertinent
information that may expedite disposition of the matter and (ii)
shall not proceed with such subcontracting without the written
authorization of the Contracting Officer.
(10) The Contractor shall provide, upon request, the filing
date, serial number and title, a copy of the patent application
(including an English-Language version if filed in a language
other than English), and patent number and issue date for any
subject invention for which the Contractor has retained title.
(11) Upon request, the Contractor shall furnish the
Government an irrevocable power to inspect and make copies of the
patent application file.
(g) Subcontracts. (1) The Contractor shall include the clause at
52.227-11 of the Federal Acquisition Regulation (FAR), suitably
modified to identify the parties, in all subcontracts, regardless of
tier, for experimental, developmental, or research work to be
performed by a small business firm or nonprofit organization. The
subcontractor shall retain all rights provided for the Contractor in
this clause, and the Contractor shall not, as part of the
consideration for awarding the subcontract, obtain rights in the
subcontractor's subject inventions.
(2) The Contractor shall include this clause (FAR 52.227-
12) in all other subcontracts, regardless of tier, for
experimental, developmental, or research work.
(3) In the case of subcontracts, at any tier, when the
prime award with the Federal agency was a contract (but not a
grant or cooperative agreement), the agency, subcontractor, and
the Contractor agree that the mutual obligations of the parties
created by this clause constitute a contract between the
subcontractor and the Federal agency with respect to those
matters covered by this clause.
(h) Reporting utilization of subject inventions. The Contractor
agrees to submit on request periodic reports no more frequently than
annually on the utilization of a subject invention or on efforts at
obtaining such utilization that are being made by the Contractor or
its licensees or assignees. Such reports shall include information
regarding the status of development, date of first commercial sale or
use, gross royalties received
00700-70
by the Contractor, and such other data and information as the agency may
reasonably specify. The Contractor also agrees to provide additional
reports as may be requested by the agency in connection with any march-in
proceedings undertaken by the agency in accordance with paragraph (5) of
this clause. To the extent data or information supplied under this
paragraph is considered by the Contractor, its licensee or assignee to be
privileged and confidential and is so marked, the agency agrees that, to
the extent permitted by law, it shall not disclose such information to
persons outside the Government.
(i) Preference for United States industry. Notwithstanding any other
provision of this clause, the Contractor agrees that neither it nor any
assignee will grant to any person the exclusive right to use or sell any
subject invention in the United States unless such person agrees that any
products embodying the subject invention will be manufactured substantially
in the United States. However, in individual cases, the requirement for
such an agreement may be waived by the Federal agency upon a showing by the
Contractor or its assignee that reasonable but unsuccessful efforts have
been made to grant licenses on similar terms to potential licensees that
would be likely to manufacture substantially in the United States or that
under the circumstances domestic manufacture is not commercially feasible.
(j) March-in rights. The Contractor agrees that with respect to any
subject invention in which it has acquired title, the Federal agency has
the right in accordance with the procedures in FAR 27.304-1(g) to require
the Contractor, an assignee, or exclusive licensee of a subject invention
to grant a nonexclusive, partially exclusive, or exclusive license in any
field of use to a responsible applicant or applicants, upon terms that are
reasonable under the circumstances, and if the Contractor, assignee, or
exclusive licensee refuses such a request, the Federal agency has the right
to grant such a license itself if the Federal agency determines that --
(1) Such action is necessary because the Contractor or assignee
has not taken, or is not expected to take within a reasonable time,
effective steps to achieve practical application of the subject
invention in such field of use;
(2) Such action is necessary to alleviate health or safety needs
which are not reasonably satisfied by the Contractor, assignee, or
their licensees,
(3) Such action is necessary to meet requirements for public use
specified by Federal regulations and such requirements are not
reasonably satisfied by the Contractor, assignee, or licensees; or
00700-71
(4) Such action is necessary because the agreement required by
paragraph (i) of this clause has not been obtained or waived or
because a licensee of the exclusive right to use or sell any subject
invention in the United States is in breach of such agreement.
(k) Special provisions for contracts with nonprofit organizations
Reserved.
(l) Communications.
(Complete according to agency instructions.)
(m) Other inventions. Nothing contained in this clause shall be
deemed to grant to the Government any rights with respect to any invention
other than a subject invention.
(n) Examination of records relating to inventions. (1) The
Contracting Officer or any authorized representative shall, until 3 years
after final payment under this contract, have the right to examine any
books (including laboratory notebooks), records, and documents of the
Contractor relating to the conception or first reduction to practice of
inventions in the same field of technology as the work under this contract
to determine whether--
(i) Any such inventions are subject inventions:
(ii) The Contractor has established and maintains the
procedures required by subparagraphs (f) (2) and (f) (3) of this
clause; and
(iii) The Contractor and its inventors have complied with
the procedures.
(2) If the Contracting Officer determines that an investor has
not disclosed a subject invention to the Contractor in accordance with
the procedures required by subparagraph (f) (5) of this clause, the
Contracting Officer may, within 60 days after the determination,
request title in accordance with subparagraphs (d) (2) and (d) (3) of
this clause. However if the Contractor established that the failure to
disclose did no result from the Contractor's fault or negligence, the
Contracting Officer shall not request title.
(3) If the Contracting Officer learns of an unreported
Contractor invention which the Contracting Officers believes may be a
subject invention, the Contractor may be required to disclose the
invention to the agency for a determination of ownership rights.
(4) Any examination of records under this paragraph shall be
subject to appropriate conditions to protect the confidentiality of
the information involved.
(o) Withholding of payment (this paragraph does not apply to
subcontracts). (1) Any time before final payment under this contract; the
Contracting Officer may, in the Government's interest, withhold payment
until a reserve not exceeding $50,000 or 5 percent of the amount of the
00700-72
contract, whichever is less, shall have been set aside if, in the
Contracting Officer's opinion, the Contractor fails to--
(i) Establish, maintain, and follow effective procedures for
identifying and disclosing subject inventions pursuant to subparagraph
(f) (5) above;
(ii) Disclose any subject invention pursuant to subparagraph (c)
(1) above;
(iii) Deliver acceptable interim reports pursuant to subdivision
(f) (7) (i) above; or
(iv) Provide the information regarding subcontracts pursuant to
subparagraph (f) (8) of this clause.
(2) Such reserve or balance shall be withheld until the Contracting
Officer has determined that the Contractor has rectified whatever
deficiencies exist and has delivered all reports, disclosures, and other
information required by this clause.
(3) Final payment under this contract shall not be made before the
Contractor delivers to the Contracting officer all disclosures of subject
inventions required by subparagraph (c) (1) above, an acceptable final
report pursuant to subdivision (f) (7) (ii) above, and all past due
confirmatory instruments.
(4) The Contracting Officer may decrease or increase the sums
withheld up to the maximum authorized above. No amount shall be withheld
under this paragraph while the amount specified by this paragraph is being
withheld under other provisions of the contract. The withholding of any
amount or the subsequent payment thereof shall not be construed as a waiver
of any Government right.
(End of clause)
45 52.228-2 ADDITIONAL BOND SECURITY (JUN 1996)
The Contractor shall promptly furnish additional security required to
protect the Government and persons supplying labor or materials under this
contract if--
(a) Any surety upon any bond, or issuing financial institution for other
security, furnished with this contract becomes unacceptable to the
Government;
(b) Any surety fails to furnish reports on its financial condition as
required by the Government;
(c) The contract price is increased so that the penal sum of any bond
becomes inadequate in the opinion of the Contracting Officer; or
00700-73
(d) The contract performance period is extended and an
irrevocable letter of credit (ILC) is used as security. If the
Contractor does not furnish an acceptable extension or replacement
ILC, or other acceptable substitute, at least 30 days before an ILC's
scheduled expiration, the Contracting Officer has the right to
immediately draw on the ILC.
(End of clause)
46 52.228-11 PLEDGES OF ASSETS (FEB 1992)
(a) Offerors shall obtain from each person acting as an
individual surety on a bid guarantee, a performance bond, or a payment
bond--
(1) Pledge of assets; and
(2) Standard Form 28, Affidavit of Individual Surety,
(b) Pledges of assets from each person acting as an individual
surety shall be in the form of--
(1) Evidence of an escrow account containing cash,
certificates of deposit, commercial or Government securities, or
other assets described in FAR 28.203-2 (except see 28.203-2 (b)
(2) with respect to Government securities held in book entry
form) and/or;
(2) A recorded lien on real estate. The offeror will be
required to provide--
(i) Evidence of title in the form of a certificate of
title prepared by a title insurance company approved by the
United States Department of Justice. This title evidence
must show fee simple title vested in the surety along with
any concurrence owners; whether any real estate taxes are
due and payable, and any recorded encumbrances against the
property, including the lien filed in favor of the
Government as required by FAR 28.203-2 (d);
(ii) Evidence of the amount due under any encumbrance
shown in the evidence of title;
(iii) A copy of the current real estate tax assessment
of the property or a current appraisal dated no earlier than
6 months prior to the date of the bond, prepared by a
professional appraiser who certifies that the appraisal has
been conducted in accordance with the generally accepted
appraisal standards as reflected in the Uniform Standards of
Professional Appraisal Practice, as promulgaged by the
Appraisal Foundation.
(End of clause)
00700-74
47 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (JAN 1991)
(a) "Contract date," as used in this clause, means the date set
for bid opening or, if this is a negotiated contract or a
modification, the effective date of this contract or modification.
"All applicable Federal, State, and legal taxes and duties," as
used in this clause, means all taxes and duties, in effect on the
contract date, that the taxing authority is imposing and collecting on
the transactions or property covered by this contract.
"After-imposed Federal tax," as used in this clause, means any
new or increased Federal excise tax or duty, or tax that was exempted
or excluded on the contract date but whose exemption was later revoked
or reduced during the contract period, on the transactions or property
covered by this contract that the Contractor is required to pay or
bear as the result of legislative, judicial, or administrative action
taking effect after the contract date. It does not include social
security tax or other employment taxes.
"After-relieved Federal tax," as used in this clause, means any
amount of Federal excise tax or duty, except social security or other
employment taxes, that would otherwise have been payable on the
transactions or property covered by this contract, but which the
Contractor is not required to pay or bear, or for which the Contractor
obtains a refund or drawback, as the result of legislative, judicial,
or administrative action taking effect after the contract date.
(b) The contract price includes all applicable Federal, State,
and local taxes and duties.
(c) The contract price shall be increased by the amount of any
after-imposed Federal tax, provided the Contractor warrants in writing
that no amount for such newly imposed Federal excise tax or duty or
rate increase was included in the contract price, as a contingency
reserve or otherwise.
(d) The contract price shall be decreased by the amount of any
after-relieved Federal tax.
(e) The contract price shall be decreased by the amount of any
Federal excise tax or duty, except social security or other employment
taxes, that the Contractor is required to pay or bear, or does not
obtain a refund of, through the Contractor's fault, negligence, or
failure to follow instructions of the Contracting Officer.
(f) No adjustment shall be made in the contract price under this
clause unless the amount of the adjustment exceeds 5250.
(g) The Contractor shall promptly notify the Contracting Officer
of all matters relating to any Federal excise tax or duty that
reasonably may be
00700-75
expected to result in either an increase or decrease in the contract
price and shall take appropriate action as the Contracting Officer
directs.
(h) The Government shall, without liability, furnish evidence
appropriate to establish exemption from any Federal, State, or local
tax when the Contractor requests such evidence and a reasonable basis
exists to sustain the exemption.
(End of clause)
48 52.229-5 TAXES--CONTRACTS PERFORMED IN U.S. POSSESSIONS OR
PUERTO RICO (APR 1994)
The term "local taxes," as used in the Federal, State, and local
taxes clause of this contract, includes taxes imposed by a possession
of the United States or by Puerto Rico.
(End of Clause)
(AV 7-103.10(c) 1963 NOV)
(AV 1-11.401-3(a))
49 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (APR
1989)
(a) The Government shall pay the Contractor the contract price
as provided in this contract.
(b) The Government shall make progress payments monthly as the
work proceeds, or at more frequent intervals as determined by the
Contracting Officer, on estimates of work accomplished which meets the
standards of quality established under the contract, as approved by
the Contracting Officer. The Contractor shall furnish a breakdown of
the total contract price showing the amount included therein for each
principal category of the work, which shall substantiate the payment
amount requested in order to provide a basis for determining progress
payments, in such detail as requested by the Contracting Officer. In
the preparation of estimates the Contracting Officer may authorize
material delivered on the site and preparatory work done to be taken
into consideration. Material delivered to the Contractor at locations
other than the site may also be taken into consideration if--
(1) Consideration is specifically authorized by this contract;
and
(2) The Contractor furnishes satisfactory evidence that it has
acquired title to such material and that the material will be used to
perform this contract.
00700-76
(c) Along with each request for progress payments, the
contractor shall furnish the following certification, or payment shall
not be made:
I hereby certify, to the best of my knowledge and belief,
that--
(1) The amounts requested are only for performance in
accordance with the specifications, terms, and conditions of the
contract;
(2) Payments to subcontractors and suppliers have been made
from previous payments received under the contract, and timely
payments will be made from the proceeds of the payment covered by
this certification, in accordance with subcontract agreements and
the requirements of chapter 39 of Title 31, United States Code;
and
(3) This request for progress payments does not include any
amounts which the prime contractor intends to withhold or retain
from a subcontractor or supplier in accordance with the terms and
conditions of the subcontract.
_________________________
(Name)
_________________________
(Title)
_________________________
(Date)
(d) If the Contractor, after making a certified request for
progress payments, discovers that a portion or all of such request
constitutes a payment for performance by the Contractor that fails to
conform to the specifications, terms, and conditions of this contract
(hereinafter referred to as the "unearned amount"), the Contractor
shall--
(1) Notify the Contracting Officer of such performance
deficiency; and
(2) Be-obligated to pay the Government an amount (computed by
the Contracting Officer in the manner provided in 31 U.S.C
3903(c) (1)) equal to interest on the unearned amount from the
date of receipt of the unearned amount until--
(i) The date the Contractor notifies the Contracting
Officer that the performance deficiency has been corrected; or
(ii) The date the Contractor reduces the amount of any
subsequent certified request for progress payments by an amount
equal to the unearned amount.
(e) If the Contracting Officer finds that satisfactory progress
was achieved during any period for which a progress payment is to be
made, the Contracting Officer shall authorize payment to be made in
full. However, if satisfactory progress has not been made, the
Contracting Officer may retain a maximum of 10 percent of the amount
of the payment until
00700-77
satisfactory progress is achieved. When the work is substantially
complete, the Contracting Officer may retain from previously withheld
funds and future progress payments that amount the Contracting Officer
considers adequate for protection of the Government and shall release
to the Contractor all the remaining withheld funds. Also, on
completion and acceptance of each separate building, public work, or
other division of the contract, for which the price is stated
separately in the contract, payment shall be made for the completed
work without retention of a percentage.
(f) All material and work covered by progress payments made
shall, at the time of payment, become the sole property of the
Government, but this shall not be construed as--
(1) Relieving the Contractor from the sole responsibility
for all material and work upon which payments have been made or
the restoration of any damaged work; or
(2) Waiving the right of the Government to require the
fulfillment of all of the terms of the contract.
(g) In making these progress payments, the Government shall,
upon request, reimburse the Contractor for the amount of premiums paid
for performance and payment bonds (including coinsurance and
reinsurance agreements, when applicable) after the Contractor has
furnished evidence of full payment to the surety. The retainage
provisions in paragraph (e) of this clause shall not apply to that
portion of progress payments attributable to bond premiums.
(h) The Government shall pay the amount due the Contractor under
this contract after--
(1) Completion and acceptance of all work;
(2) Presentation of a properly executed voucher; and
(3) Presentation of release of all claims against the
Government arising by virtue of this contract, other than claims,
in stated amounts, that the Contractor has specifically excepted
from this operation of the release. A release may also be
required of the assignee if the Contractor's claim to amounts
payable under this contract has been assigned under the
Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C.
15).
(i) Notwithstanding any provision of this contract, progress
payments shall not exceed 80 percent on work accomplished on
undefinitized contract actions. A "contract action" is any action
resulting in a contract, as defined in FAR Subpart 2.1, including
contract modifications for additional supplies or services, but not
including contract modifications that are within the scope and under
the terms of the contract, such as contract modifications issued
pursuant to the Changes clause, or funding and other
00700-78
administrative changes
(End of clause)
50 52.232-17 INTEREST (JUN 1996)
(a) Except as otherwise provided in this contract under a Price
Reduction for Defective Cost or Pricing Data clause or a Cost
Accounting Standards Clause, all amounts that become payable by the
Contractor to the Government under this contract (net of any
applicable tax credit under the Internal Revenue Code (26 U.S.C.
1481)) shall bear simply interest from the date due until paid unless
paid within 30 days of becoming due. The interest rate shall be the
interest rate established by the Secretary of the Treasury as provided
in Section 12 of the Contract Disputes Act of 1978 (Public Law 95-
563), which is applicable to the period in which the amount becomes
due, as provided in paragraph (b) of this clause, and then at the rate
applicable for each six-month period as fixed by the Secretary until
the amount is paid.
(b) Amounts shall be due at the earliest of the following dates:
(1) The date fixed under this contract.
(2) The date of the first written demand for payment consistent
with this contract, including any demand resulting from a default
termination.
(3) The date the Government transmits to the Contractor a
proposed supplemental agreement to confirm completed negotiations
establishing the amount of debt.
(4) If this contract provides for revision of prices, the date
of written notice to the Contractor stating the amount of refund
payable in connection with a pricing proposal or a negotiated
pricing agreement not confirmed by contract modification.
(c) The interest charge made under this clause may be reduced
under the procedures prescribed in 32.614-2 of the Federal Acquisition
Regulation in effect on the date of this contract.
(End of clause)
51 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)
(a) The Contractor, under the Assignment of Claims Act, as
amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereafter referred to as "the
Act"), may assign its rights to be paid amounts due or to become due
as a result of the performance of this contract to a bank, trust
company, or other financing
00700-79
institution, including any Federal lending agency. The assignee under such
an assignment may thereafter further assign or reassign its right under the
original assignment to any type of financing institution described in the
preceding sentence.
(b) Any assignment or reassignment authorized under the Act and this
clause shall cover all unpaid amounts payable under this contract, and
shall not be made to more than one party, except that an assignment or
reassignment may be made to one party as agent or trustee for two or more
parties participating in the financing of this contract.
(c) The Contractor shall not furnish or disclose to any assignee
under this contract any classified document (including this contract) or
information related to work under this contract until the Contracting
Officer authorizes such action in writing.
(End of clause)
52 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAR 1994)
Notwithstanding any other payment terms in this contract, the
Government will make invoice payments and contract financing payments under
the terms and conditions specified in this clause. Payment shall be
considered as being made on the day a check is dated or an electronic funds
transfer is made. Definitions of pertinent terms are set forth in 32.902.
All days referred to in this clause are calendar days, unless otherwise
specified.
(a) Invoice Payments.
(1) For purposes of this clause, there are several types of
invoice payments which may occur under this contract, as follows:
(i) Progress payments, if provided for elsewhere in this
contract, based on Contracting Officer approval of the estimated
amount and value of work or services performed, including
payments for reaching milestones in any project;
(A) The due date for making such payments shall be 14
days after receipt of the payment request by the designated
billing office. However, if the designated billing office
fails to annotate the payment request with the actual date
of receipt, the payment due date shall be deemed to be the
14th day after the date the Contractor's payment request is
dated, provided a proper payment request is received and
there is no disagreement over quantity, quality, or
Contractor compliance with contract requirements.
(B) The due date for payment of any amounts retained
by the Contracting Officer in accordance with the clause at
52.232-8,
00700-80
Payments Under Fixed-Price Construction Contracts, shall be as
specified in the Contract or, if not specified, 30 days after approval
for release to the Contractor by the Contracting Officer.
(ii) Final payments based on completion and acceptance of all work and
presentation of release of all claims against the Government arising by
virtue of the contract, and payments for partial deliveries that have been
accepted by the Government (e.g., each separate building, public work, or
other division of the contract for which the price is stated seperately in
the contract).
(A) The due date for making such payments shall be either the
30th day after receipt by the designated billing office of a proper
invoice from the Contractor, or the 30th day after Government
acceptance of the work or services completed by the Contractor,
whichever is later. However, if the designated billing office fails to
annotate the invoice with the date of actual receipt, the invoice
payment due shall be deemed to be the 30th day after the date the
Contractor's invoice is dated, provided a proper invoice is received
and there is no disagreement over quantity, quality, or Contractor
compliance with contract requirements.
(B) On a final invoice where the payment amount is subject to
contract settlement actions (e.g., release of claims), acceptance
shall be deemed to have occurred on the effective date of the contract
settlement.
(2) An invoice is the Contractor's bill or written request for
payment under the contract for work or services performed under the
contract. An invoice shall be prepared and submitted to the designated
billing office. A proper invoice must include the items listed in
subdivisions (a) (2) (i) through (a) (2) (ix) of this clause. If the
invoice does not comply with these requirements, the Contractor will be
notified of the defect within 7 days after receipt of the invoice at the
designated billing office. Untimely notification will be taken into account
in the computation of any interest penalty owed the Contractor in the
manner described in subparagraph (a) (4) of this clause:
(i) Name and address of the Contractor.
(ii) Invoice date.
(iii) Contract number or other authorization for work or services
performed (including order number and contract line item number).
(iv) Description of work or services performed.
(v) Delivery and payment terms (e.g., prompt payment discount
terms).
(vi) Name and address of Contractor official to whom payment is
to be sent (must be the same as that in the contract or in a proper
notice of
00700-81
assignment).
(vii) Name (where practicable), title, phone number, and mailing
address of person to be notified in event of a defective invoice.
(viii) For payments described in subdivision (a) (1) (i) of this
clause, substantiation of the amounts requested and certification in
accordance with the requirements of the clause at 52.232-5. Payments
Under Fixed-Price Construction Contracts.
(ix) Any other information or documentation required by the
contract.
(3) An interest penalty shall be paid automatically by the designated
payment office, without request from the Contractor, if payment is not made
by the due date and the conditions listed in subdivisions (a) (3) (i)
through (a) (3) (iii) of this clause are met, if applicable.
(i) A proper invoice was received by the designated billing
office.
(ii) A receiving report or other Government documentation
authorizing payment was processed and there was no disagreement over
quantity, quality, Contractor compliance with any contract term or
condition, or requested progress payment amount.
(iii) In the case of a final invoice for any balance of funds
due the Contractor for work or services performed, the amount was not
subject to further contract settlement actions between the Government
and the Contractor.
(4) The interest penalty shall be at the rate established by the
Secretary of the Treasury under section 12 of the Contract Disputes Act of
1978 (41 U.S.C. 611) that is in effect on the day after the due date,
except where the interest penalty is prescribed by other governmental
authority. This rate is referred to as the "Renegotiation Board Interest
Rate," and it is published in the Federal Register semiannually on or about
January 1 and July 1. The interest penalty shall accrue daily on the
invoice payment amount approved by the Government and be compounded in 30-
day increments inclusive from the first day after the due date through the
payment date. That is, interest accrued at the end of any 30-day period
will be added to the approved invoice payment amount and be subject to
interest penalties if not paid in the succeeding 30-day period. If the
designated billing office failed to notify the Contractor of a defective
invoice within the periods prescribed in subparagraph (a) (2) of this
clause, then the due date on the corrected invoice will be adjusted by
subtracting the number of days taken beyond the prescribed notification of
defects period. Any interest penalty owed the Contractor will be based on
this adjusted due date. Adjustments will be made by the designated payment
office for errors in calculating interest penalties, if requested by the
Contractor.
00700-82
(i) For the sole purpose of computing an interest penalty that
might be due the Contractor for payments described in subdivision (a)
(1) (ii) of this clause, Government acceptance or approval shall be
deemed to have occurred constructively on the 7th day after the
Contractor has completed the work or services in accordance with the
terms and conditions of the contract. In the event that actual
acceptance or approval occurs within the constructive acceptance or
approval period, the determination of an interest penalty shall be
based on the actual date of acceptance or approval. Constructive
acceptance or constructive approval requirements do not apply if there
is a disagreement over quantity, quality, or Contractor compliance
with a contract provision. These requirements also do not compel
Government officials to accept work or services, approve Contractor
estimates, perform contract administration functions, or make payment
prior to fulfilling their responsibilities.
(ii) The following periods of time will not be included in the
determination of an interest penalty.
(A) The period taken to notify the Contractor of defects
in invoices submitted to the Government, but this may not exceed
7 days.
(B) The period between the defects notice and resubmission
of the corrected invoice by the Contractor.
(iii) Interest penalties will not continue to accrue after the
filing of a claim for such penalties under the clause at 52.233-1.
Disputes, or for more than 1 year. Interest penalties of less than
$1.00 need not be paid.
(iv) Interest penalties are not required on payment delays due
to disagreement between the Government and Contractor over the payment
amount or other issues involving contract compliance, or on amounts
temporarily withheld or retained in accordance with the terms of the
contract. Claims involving disputes, and any interest that may be
payable, will be resolved in accordance with the clause at 52.233-1,
Disputes.
(5) An interest penalty shall also be paid automatically by the
designated payment office, without request from the Contractor, if a
discount for prompt payment is taken improperly. The interest penalty will
be calculated on the amount of discount taken for the period beginning with
the first day after the end of the discount period through the date when
the Contractor is paid.
(6) If this contract was awarded on or after October 1, 1989, a
penalty amount, calculated in accordance with regulations issued by the
Office of
00700-83
Management and Budget, shall be paid in addition to the interest
penalty amount if the Contractor--
(i) Is owed an interest penalty:
(ii) Is not paid the Interest penalty within 10 days after
the date the invoice amount is paid; and;
(iii) Makes a written demand, not later than 40 days after
the date the invoice amount is paid, that the agency pay such a
penalty.
(b) Contract Financing Payments.
(1) For purposes of this clause, if applicable, "contract
financing payment" means a Government disbursement of monies to a
Contractor under a contract clause or other authorization prior to
acceptance of supplies or services by the Government, other than
progress payments based on estimates of amount and value of work
performed. Contract financing payments include advance payments and
interim payments under cost-type contracts.
(2) If this contract provided for contract financing, requests
for payment shall be submitted to the designated billing office as
specified in this contract or as directed by the Contracting Officer.
Contract financing payments shall be made on this ______ day after
receipt of a proper contract financing request by the designated
billing office. In the event that an audit or other review of a
specific financing request is required to ensure compliance with the
terms and conditions of the contract, the designated payment office is
not compelled to make payment by the due specified. For advance
payments, loans, or other arrangements that do not involve recurrent
submissions of contract financing requests payment shall be made in
accordance with the corresponding contract terms or as directed by the
Contracting Officer. Contract financing payments shall not be assessed
an interest penalty for payment delays.
(c) The Contractor shall include in each subcontract for property or
services (including a material supplier) for the purpose of performing this
contract the following:
(1) A payment clause which obligates the Contractor to pay the
subcontractor for satisfactory performance under its subcontract not
later than 7 days from receipt of payment out of such amounts as are
paid to the Contractor under this contract.
(2) An interest penalty clause which obligates the Contractor to
pay the subcontractor an interest penalty for each payment not made in
accordance with the payment clause--
(i) For the period beginning on the day after the required
payment date and ending on the date on which payment of the amount due
is made;
00700-84
and
(ii) Computed at the rate of interest established by
the Secretary of the Treasury, and published in the Federal
Register, for interest payments under section 12 of the
Contract Disputes Act of 1978 (41 U.S.C. 611) in effect at
the time the Contractor accrues the obligation to pay an
interest penalty.
(3) A clause requiring each subcontractor to include a
payment clause and an interest penalty clause conforming to the
standards set forth in subparagraphs (c) (1) and (c) (2) of this
clause in each of its subcontracts, and to require each of its
subcontractors to include such clauses in their subcontracts with
each lower-tier subcontractor or supplier.
(d) The clauses required by paragraph (c) of this clause shall
not be construed to impair the right of Contractor or a subcontractor
at any tier to negotiate, and to include in their subcontract,
provisions which--
(1) Permit the Contractor or a subcontractor to retain
(without cause) a specified percentage of each progress payment
otherwise due to a subcontractor for satisfactory performance
under the subcontract without incurring any obligation to pay a
late payment interest penalty, in accordance with terms and
conditions agreed to by the parties to the subcontract, giving
such recognition as the parties deem appropriate to the ability
of a subcontractor to furnish a performance bond and a payment
bond;
(2) Permit the Contractor or subcontractor to make a
determination that part or all of the subcontractor's request for
payment may be withheld in accordance with the subcontract
agreement; and
(3) Permit such withholding without incurring any
obligation to pay a late payment penalty if--
(i) A notice conforming to the standards of paragraph
(g) of this clause has been previously furnished to the
subcontractor: and
(ii) A copy of any notice issued by a Contractor
pursuant to subdivision (d) (3) (i) of this clause has been
furnished to the Contracting Officer.
(e) If a Contractor, after making a request for payment to the
Government but before making a payment to a subcontractor for the
subcontractor's performance covered by the payment request, discovers
that all or a portion of the payment otherwise due such subcontractor
is subject to withholding from the subcontractor in accordance with
the subcontract agreement, then the Contractor shall--
(1) Furnish to the subcontractor a notice conforming to the
standards of paragraph (g) of this clause as soon as practicable
upon ascertaining
00700-85
the cause giving rise to a withholding, but prior to the due date for
subcontractor payment;
(2) Furnish to the Contracting Officer, as soon as practicable,
a copy of the notice furnished to the subcontractor pursuant to
subparagraph (e) (1) of this clause;
(3) Reduce the subcontractor's progress payment by an amount not
to exceed the amount specified in the notice of withholding furnished
under subparagraph (e) (1) of this clause;
(4) Pay the subcontractor as soon as practicable after the
correction of the identified subcontract performance deficiency, and--
(i) Make such payment within--
(A) Seven days after correction of the identified
subcontract performance deficiency (unless the funds therefor
must be recovered from the Government because of a reduction
under subdivision (e) (5) (i)) of this clause; or
(B) Seven days after the Contractor recovers such funds
from the Government; or
(ii) Incur an obligation to pay a late payment interest
penalty computed at the rate of interest established by the
Secretary of the Treasury, and published in the Federal Register,
for interest payments under section 12 of the Contracts Disputes
Act of 1978 (41 U.S.C. 611) in effect at the time the Contractor
accrues the obligation to pay an interest penalty;
(5) Notify the Contracting Officer upon--
(i) Reduction of the amount of any subsequent certified
application for payment; or
(ii) Payment to the subcontractor of any withheld amounts of a
progress payment, specifying --
(A) The amounts withheld under subparagraph (e) (1) of this
clause; and
(B) The dates that such withholding began and ended; and
(6) Be obligated to pay to the Government an amount equal to
interest on the withheld payments (computed in the manner provided in
31 U.S.C. 3903 (c) (1)), from the 8th day after receipt of the
withheld amounts from the Government until --
(i) The day the identified subcontractor performance
deficiency is corrected; or
(ii) The date that any subsequent payment is reduced under
subdivision (e) (5) (i) of this clause,
(f) (1) If a Contractor, after making payment to a first-tier
subcontractor, receives from a supplier or subcontractor of the first-
tier
00700-86
subcontractor (hereafter referred to as a "second-tier subcontractor") a
written notice in accordance with section 2 of the Act of August 24, 1925
(40 U.S.C. 270b, Miller Act), asserting a deficiency in such first-tier
subcontractor's performance under the contract for which the Contractor may
be ultimately liable, and the Contractor determines that all or a portion
of future payments otherwise due such first-tier subcontractor is subject
to withholding in accordance with the subcontract agreement, then the
Contractor may, without incurring an obligation to pay an interest penalty
under subparagraph (a) (6) of this clause--
(i) Furnish to the first-tier subcontractor a notice
conforming to the standards of paragraph (g) of this clause as
soon as practicable upon making such determination; and
(ii) Withhold from the first-tier subcontractor's next
available progress payment or payments an amount not to exceed
the amount specified in the notice of withholding furnished under
subdivision (f) (1) (i) of this clause.
(2) As soon as practicable, but not later than 7 days after
receipt of satisfactory written notification that the identified
subcontract performance deficiency has been corrected, the Contractor
shall pay the amount withheld under subdivision (f) (1) (ii) of this
clause to such first-tier subcontractor, or shall incur an obligation
to pay a Late payment interest penalty to such first-tier
subcontractor computed at the rate of interest established by the
Secretary of the Treasury, and published in the Federal Register, for
interest payments under section 12 of the Contracts Disputes Act of
1978 (41 U.S.C. 611) in effect at the time the Contractor accrues
the obligation to pay an interest penalty.
(g) A written notice of any withholding shall be issued to a
subcontractor (with a copy to the Contracting Officer of any such notice
issued by the Contractor), specifying--
(1) The amount to be withheld;
(2) The specific causes for the withholding under the terms of the
subcontract; and
(3) The remedial actions to be taken by the subcontractor in order
to receive payment of the amounts withheld.
(h) The Contractor may not request payment from the Government of any
amount withheld or retained in accordance with paragraph (d) of this clause
until such time as the Contractor has determined and certified to the
Contracting Officer that the subcontractor is entitled to the payment of
such amount.
(i) A dispute between the Contractor and subcontractor relating to the
amount or entitlement of a subcontractor to a payment or a late payment
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interest penalty under a clause included in the subcontract pursuant to
paragraph (c) of this clause does not constitute a dispute to which the
United States is a party. The United States may not be interpleaded in any
judicial or administrative proceeding involving such a dispute.
(j) Except as provided in paragraph (i) of this clause, this clause
shall not limit or impair any contractual, administrative, or judicial
remedies otherwise available to the Contractor or a subcontractor in the
event of a dispute involving late payment or nonpayment by the Contractor
or deficient subcontract performance or nonperformance by a subcontractor.
(k) The Contractor's obligation to pay an interest penalty to a
subcontractor pursuant to the clauses included in a subcontract under
paragraph (c) of this clause shall not be construed to be an obligation of
the United States for such interest penalty. A cost reimbursement claim may
not include any amount for reimbursement of such interest penalty.
(End of Clause)
53 52.233-1 DISPUTES (OCT 1995)
(a) This contract is subject to the Contract Disputes Act of 1978,
as amended (41 U.S.C. 601-613).
(b) Except as provided in the Act, all disputes arising under or
relating to this contract shall be resolved under this clause.
(c) "Claim," as used in this clause, means a written demand or
written assertion by one of the contracting parties seeking, as a matter of
right, the payment of money in a sum certain, the adjustment or
interpretation of contract terms, or other relief arising under or relating
to this contract. A claim arising under a contract, unlike a claim relating
to that contract, is a claim that can be resolved under a contract clause
that provides for the relief sought by the claimant. However, a written
demand or written assertion by the Contractor seeking the payment of money
exceeding $100,000 is not a claim under the Act until certified as required
by subparagraph (d) (z) of this clause. A voucher, invoice, or other
routine request for payment that is not in dispute when submitted is not a
claim under the Act. The submission may be converted to a claim under the
Act, by complying with the submission and certification requirements of
this clause, if it is disputed either as to liability or amount or is not
acted upon in a reasonable time.
(d) (1) A claim by the Contractor shall be made in writing and,
unless otherwise stated in this contract, submitted within 6 years after
accrual of the claim to the Contracting officer for a written decision. A
claim by
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the Government against the Contractor shall be subject to a written
decision by the Contracting Officer.
(2) (i) Contractors shall provide the certification specified
in subparagraph (d) (2) (iii) of this clause when submitting any
claim--
(A) Exceeding $100,000; or
(B) Regardless of the amount claimed, when using--
(1) Arbitration conducted pursuant to S U.S.C. 575-580;
or
(2) Any other alternative means of dispute resolution
(ADR) technique that the agency elects to handle in
accordance with the Administrative Dispute Resolution Act
(ADRA).
(ii) The certification requirement does not apply to issues
in controversy that have not been submitted as all or part of a
claim.
(iii) The certification shall state as follows:
"I certify that the claim is made in good faith; that the
supporting data are accurate and complete to the best of my
knowledge and belief; that the amount requested accurately
reflects the contract adjustment for which the Contractor
believes the Government is liable; and that I am duly authorized
to certify the claim on behalf of the Contractor."
(3) The certification may be executed by any person duly
authorized to bind the Contractor with respect to the claim.
(e) For Contractor claims of $100,000 or less, the Contracting
Officer must, if requested in writing by the Contractor, render a decision
within 60 days of the request. For Contractor-certified claims over
$100,000, the Contracting Officer must, within 60 days, decide the claim
or notify the Contractor of the date by which the decision will be made.
(f) The Contracting Officer's decision shall be final unless the
Contractor appeals or files a suit as provided in the Act.
(g) If the claim by the Contractor is submitted to the Contracting
Officer or a claim by the Government is presented to the Contractor, the
parties, by mutual consent, may agree to use ADR. If the Contractor refuses
an offer for alternative disputes resolution, the Contractor shall inform
the Contracting Officer, in writing, of the Contractor's specific reasons
for rejecting the request. When using arbitration conducted pursuant to S
U.S.C. 575-580, or when using any other ADR technique that the agency
elects to handle in accordance with ADRA, any claim, regardless of amount,
shall be accomplished by the certification described in subparagraph
(d) (2) (iii) of this clause, and executed in accordance with subparagraph
(d) (3) of this clause.
(h) The Government shall pay interest on the amount found due and
unpaid from (1) the date that the Contracting Officer receives the claim
(certified, if required); or (2) the date that payment otherwise would be
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due, if that date is later, until the date of payment. With regard to
claims having defective certifications, as defined in (FAR) 48 CFR 33.201,
interest shall be paid from the date that the Contracting Officer initially
receives the claim. Simple interest on claims shall be paid at the rate,
fixed by the Secretary of the Treasury as provided in the Act, which is
applicable to the period during which the Contracting Officer receives the
claim and then at the rate applicable for each 6-month period as fixed by
the Treasury Secretary during the pendency of the claim.
(i) The Contractor shall proceed diligently with performance of this
contract, pending final resolution of any request for relief, claim,
appeal, or action arising under the contract, and comply with any decision
of the Contracting Officer.
(End of clause)
54 52.233-3 PROTEST AFTER AWARD (AUG 1996)
(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or
a determination that a protest is likely (see FAR 33.102 (d)), the
Contracting Officer may, by written order to the Contractor, direct the
Contractor to stop performance of the work called for by this contract. The
order shall be specifically identified as a stop-work order issued under
this clause. Upon receipt of the order, the Contractor shall immediately
comply with its terms and take all reasonable steps to minimize the
incurrence of costs allocable to the work covered by the order during the
period of work stoppage. Upon receipt of the final decision in the protest,
the Contracting Officer shall either--
(1) Cancel the stop-work; or
(2) Terminate the work covered by the order as provided in the
Default, or the Termination for Convenience of the Government, clause
of this contract.
(b) If a stop-work order issued under this clause is canceled either
before or after a final decision in the protest, the Contractor shall
resume work. The Contracting Officer shall make an equitable adjustment in
the delivery schedule or contract price, or both, and the contract shall be
modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time
required for, or in the Contractor's cost properly allocable to, the
performance of any part of this contract; and
(2) The Contractor asserts its right to an adjustment within 30
days after the end of the period of work stoppage; provided, that if
the
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Contracting Officer decides the facts justify the action, the
Contracting Officer may receive and act upon a proposal at any time
before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the
order is terminated for the convenience of the Government, the Contracting
Officer shall allow reasonable costs resulting from the stop-work order in
arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the
order is terminated for default, the Contracting Officer shall allow, by
equitable adjustment or otherwise, reasonable costs resulting from the
stop-work order.
(e) The Government's rights to terminate this contract at any time are
not affected by action taken under this clause.
(f) If, as the result of the Contractor's intentional or negligent
misstatement, misrepresentation, or miscertification, a protest related to
this contract is sustained, and the Government pays costs, as provided in
FAR 33.102 (b)(2) or 33.104 (h)(1), the Government may require the
Contractor to reimburse the Government the amount of such costs. In
addition to any other remedy available, and pursuant to the requirements of
Subpart 32.6, the Government may collect this debt by offsetting the amount
against any payment due the Contractor under any contract between the
Contractor and the Government.
(End of clause)
55 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)
(a) The Contractor shall promptly, and before the conditions are
disturbed, give a written notice to the Contracting Officer of (1)
subsurface or latent physical conditions at the site which differ
materially from those indicated in this contract, or (2) unknown physical
conditions at the site, of an unusual nature, which differ materially from
those ordinarily encountered and generally recognized as inhering in work
of the character provided for in the contract.
(b) The Contracting Officer shall investigate the site conditions
promptly after receiving the notice. If the conditions do materially so
differ and cause an increase or decrease in the Contractor's cost of, or
the time required for, performing any part of the work under this contract,
whether or not changed as a result of the conditions, an equitable
adjustment shall be made under this clause and the contract modified in
writing accordingly.
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(c) No request by the Contractor for an equitable adjustment to the
contract under this clause shall allowed, unless the Contractor has given
the written notice required; provided, that the time prescribed in (a)
above for giving written notice may be extended by the Contracting Officer.
(d) No request by the Contractor for an equitable adjustment to the
contract for differing site conditions shall be allowed if made after final
payment under this contract.
(End of clause)
56 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)
(a) The Contractor acknowledges that it has taken steps reasonably
necessary to ascertain the nature and location of the work, and that it has
investigated and satisfied itself as to the general and local conditions
which can affect the work or its cost, including but not limited to (1)
conditions bearing upon transportation, disposal, handling, and storage of
materials; (2) the availability of labor, water, electric power, and roads,
(3) uncertainties of weather, river stages, tides, or similar physical
conditions at the site; (4) the conformation and conditions of the ground;
and (5) the character of equipment and facilities needed preliminary to and
during work performance. The Contractor also acknowledges that it has
satisfied itself as to the character, quality and quantity of surface and
subsurface materials or obstacles to be encountered insofar as this
information is reasonably ascertainable from an inspection of the site,
including all exploratory work done by the Government, as well as from the
drawings and specifications made a part of this contract. Any failure of
the Contractor to take the actions described and acknowledged in this
paragraph will not relieve the Contractor from responsibility for
estimating properly the difficulty and cost of successfully performing the
work, or for proceeding to successfully perform the work without additional
expense to the Government.
(b) The Government assumes no responsibility for any conclusions or
interpretations made by the Contractor based on the information made
available by the Government. Nor does the Government assume responsibility
for any understanding reached or representation made concerning conditions
which can affect the work by any of its officers or agents before the
execution of this contract, unless that understanding or representation is
expressly stated in this contract.
00700-92
(End of clause)
57 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)
(a) All equipment, material, and articles incorporated into the work
covered by this contract shall be new and of the most suitable grade for
the purpose intended, unless otherwise specifically provided in this
contract. References in the specifications to equipment, material,
articles, or patented processes by trade name, make, or catalog number,
shall be regarded as establishing a standard of quality and shall not be
construed as limiting competition. The Contractor may, at its option, use
any equipment, material, article, or process that, in the judgment of the
Contracting Officer, is equal to that named in the specifications, unless
otherwise specifically provided in this contract.
(b) The Contractor shall obtain the Contracting Officer's approval of
the machinery and mechanical and other equipment to be incorporated into
the work. When requesting approval, the Contractor shall furnish to the
Contracting Officer the name of the manufacturer, the model number, and
other information concerning the performance, capacity, nature, and rating
of the machinery and mechanical and other equipment. When required by this
contract or by the Contracting Officer, the Contractor shall also obtain
the Contracting Officer's approval of the material or articles which the
Contractor contemplates incorporating into the work. When requesting
approval, the Contractor shall provide full information concerning the
material or articles. When directed to do so, the Contractor shall submit
samples for approval at the Contractor's expense, with all shipping charges
prepaid. Machinery, equipment, material, and articles that do not have the
required approval shall be installed or used at the risk of subsequent
rejection.
(c) All work under this contract shall be performed in a skillful and
workmanlike manner. The Contracting Officer may require, in writing, that
the Contractor remove from the work any employee the Contracting Officer
deems incompetent, careless, or otherwise objectionable.
(End of clause)
(R 7-602.9 1964 JUN)
58 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)
At all times during performances of this contract and until the work
is
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completed and accepted, the Contractor shall directly superintend the work
or assign and have on the work site a competent superintendent who is
satisfactory to the Contracting Officer and has authority to act for the
Contractor.
(End of Clause)
59 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)
The Contractor shall, without additional expense to the Government, be
responsible for obtaining any necessary licenses and permits, and for
complying with any Federal, State, and municipal laws, codes, and
regulations applicable to the performing of the work. The Contractor shall
also be responsible for all damages to persons or property that occur as a
result of the Contractor's fault or negligence. The Contractor shall also
be responsible for all materials delivered and work performed until
completion and acceptance of the entire work, except for any completed unit
of work which may have been accepted under the contract.
(End of clause)
60 52.236-8 OTHER CONTRACTS (APR 1984)
The Government may undertake or award other contracts for additional work
at or near the site of the work under this contract. The Contractor shall
fully cooperate with the other contractors and with Government employees
and shall carefully adapt scheduling and performing the work under this
contract to accommodate the additional work, needing any direction that may
be provided by the Contracting Officer. The Contractor shall not commit or
permit any act that will interfere with the performance of work by any
other contractor or by Government employees.
(End of clause)
61 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,
UTILITIES, AND IMPROVEMENTS (APR 1984)
(a) The Contractor shall preserve and protect all structures, equipment,
and vegetation (such as trees, shrubs, and grass) on or adjacent to the
work site, which are not to be removed and which do not unreasonably
interfere with the work required under this contract. The Contractor
00700-94
shall only remove trees when specifically authorized to do so, and shall
avoid damaging vegetation that will remain in place. If any limbs or
branches of trees are broken during contract performance, or by the
careless operation of equipment, or by workmen, the Contractor shall trim
those limbs or branches with a clean cut and paint the cut with a tree-
pruning compound as directed by the Contracting Officer.
(b) The Contractor shall protect from damage all existing improvements
and utilities (1) at or near the work site, and (2) on adjacent property of
a third party, the locations of which are made known to or should be known
by the Contractor. The Contractor shall repair any damage to those
facilities, including those that are the property of a third party,
resulting from failure to comply with the requirements of this contract or
failure to exercise reasonable care in performing the work. If the
Contracting fails or refuses to repair the damage promptly, the Contractor
Officer may have the necessary work performed and charge the cost to the
Contractor.
(End of clause)
62 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)
(a) The Contractor shall confine all operations (including storage of
materials) on Government premises 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 the Contractor's performance.
(b) Temporary buildings (e.g., storage sheds, shops, offices) and
utilities 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. The temporary
buildings and utilities shall remain the property of the Contractor and
shall be removed by the Contractor at its expense upon completion of the
work. With the written consent of the Contracting Officer, the 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 use temporary
roadways constructed by the Contractor when and as authorized by the
Contracting Officer. When materials are transported in prosecuting the
work, vehicles shall not be loaded beyond the leading capacity recommended
by the manufacturer of the vehicle or prescribed by any Federal, State, or
local
00700-95
law or regulation. When it is necessary to cross curbs or sidewalks, the
Contractor shall protect them from damage. The Contractor shall repair or
pay for the repair of any damaged curbs, sidewalks, or roads.
(End of clause)
63 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)
(a) The Government shall have the right to take possession of or use any
completed or partially completed part of the work. Before taking possession
of or using any work, the Contracting Officer shall furnish the Contractor
a list of items of work remaining to be performed or corrected on those
portions of the work that the Government intends to take possession of or
use. However, failure of the Contracting Officer to list any item of work
shall not relieve the Contractor of responsibility for complying with the
terms of the contract. The Government's possession or use shall not be
deemed an acceptance of any work under the contract.
(b) While the Government has such possession or use, the Contractor
shall be relieved of the responsibility for the loss of or damage to the
work resulting from the Government's possession or use, notwithstanding the
terms of the clause in this contract entitled "Permits and
Responsibilities." If prior possession or use by the Government delays the
progress of the work or causes additional expense to the Contractor, an
equitable adjustment shall be made in the contract price or the time of
completion, and the contract shall be modified in writing accordingly.
(End of clause)
64 52.236-12 CLEANING UP (APR 1984)
The Contractor shall at all times keep the work area, including storage
areas, free from accumulations of waste materials. Before completing the
work, the Contractor shall remove from the work and premises any rubbish,
tools, scaffolding, equipment, and materials that are not the property of
the Government. Upon completing the work, the Contractor shall leave the
work area in a clean, neat, and orderly condition satisfactory to the
Contracting Officer.
(End of clause)
00700-96
65 52.236-13 I ACCIDENT PREVENTION (NOV 1991)--ALTERNATE I (NOV 1991)
(a) The Contractor shall provide and maintain work environments
and procedures which will (1) safeguard the public and Government
personnel, property, materials, supplies, and equipment exposed to
Contractor operations and activities; (2) avoid interruptions of
Government operations and delays in project completion dates; and (3)
control costs in the performance of this contract.
(b) For these purposes on contracts for construction or
dismantling, demolition, or removal of improvements, the Contractor
shall--
(1) Provide appropriate safety barricades, signs, and signal
lights;
(2) Comply with the standards issued by the Secretary of Labor
at 29 CFR Part 1926 and 29 CFR Part 1910; and
(3) Ensure that any additional measures the Contracting Officer
determines to be reasonably necessary for the purposes are taken,
(c) If this contract is for construction or dismantling,
demolition or removal of improvements with any Department of Defense
agency or component, the Contractor shall comply with all pertinent
provisions of the latest version of U.S. Army Corps of Engineers
Safety and Health Requirements Manual, EM 385-1-1, in effect on the
date of the solicitation.
(d) Whenever the Contracting Officer becomes aware of any
noncompliance with these requirements or any condition which poses a
serious or imminent danger to the health or safety of the public or
Government personnel, the Contracting Officer shall notify the
Contractor orally, with written confirmation, and request immediate
initiation of corrective action. This notice, when delivered to the
Contractor or the Contractor's representative at the work site, shall
be deemed sufficient notice of the noncompliance and that corrective
action is required. After receiving the notice, the Contractor shall
immediately take corrective action. If the Contractor fails or refuses
to promptly take corrective action, the Contracting Officer may issue
an order stopping all or part of the work until satisfactory
corrective action has been taken. The Contractor shall not be entitled
to any equitable adjustment of the contract price or extension of the
performance schedule on any stop order issued under this clause.
(e) The Contractor shall insert this clause, including this
paragraph (e), with appropriate changes in the designation of the
parties, in subcontracts.
(f) Before commencing the work, the Contractor shall--
(1) Submit a written proposed plan for implementing this
clause. The plan shall include an analysis of the significant
hazards to life, limb,
00700-97
and property inherent in contract work performance and a plan for
controlling these hazards; and
(2) Meet with representatives of the Contracting Officer to
discuss and develop a mutual understanding relative to administration
of the overall safety program.
(End of clause)
66 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)
(a) The Contractor shall, within five days after the work commences
on the contract or another period of time determined by the Contracting
Officer, prepare and submit to the Contracting Officer for approval three
copies of a practicable schedule showing the order in which the Contractor
proposes to perform the work, and the dates on which the Contractor
contemplates starting and completing the several salient features of the
work (including acquiring materials, plant, and equipment). The schedule
shall be in the form of a progress chart of suitable scale to indicate
appropriately the percentage of work scheduled for completion by any given
date during the period. If the Contractor fails to submit a schedule within
the time prescribed, the Contracting Officer may withhold approval of
progress payments until the Contractor submits the required schedule.
(b) The Contractor shall enter the actual progress on the chart as
directed by the Contracting Officer, and upon doing so shall immediately
deliver three copies of the annotated schedule to the Contracting Officer.
If, in the opinion of the Contracting Officer, the Contractor falls behind
the approved schedule, the Contractor shall take steps necessary to improve
its progress, including those that may be required by the Contracting
Officer, without additional cost to the Government. In this circumstance,
the Contracting Officer may require the Contractor to increase the number
of shifts, overtime operations, days of work, and/or the amount of
construction plant, and to submit for approval any supplementary schedule
or schedules in chart form as the Contracting Officer deems necessary to
demonstrate how the approved rate of progress will be regained.
(c) Failure of the Contractor to comply with the requirements of the
Contracting Officer under this clause shall be grounds for a determination
by the Contracting Officer that the Contractor is not prosecuting the work
with sufficient diligence to ensure completion within the time specified in
the contract. Upon making this determination, the Contracting Officer may
terminate the Contractor's right to proceed with the work, or any separable
part of it, in accordance with the default terms of this contract.
00700-98
(End of clause)
67 52.236-17 LAYOUT OF WORK (APR 1984)
The Contractor shall lay out its work from Government-established
base lines and bench marks indicated on the drawings, and shall be
responsible for all measurements in connection with the layout. The
Contractor shall furnish, at its own expense, all stakes, templates,
platforms, equipment, tools, materials, and labor required to lay out any
part of the work. The Contractor shall be responsible for executing the
work to the lines and grades that may be established or indicated by the
Contracting Officer. The Contractor shall also be responsible for
maintaining and preserving all stakes and other marks established by the
Contracting Officer until authorized to remove them. If such marks are
destroyed by the Contractor or through its negligence before their removal
is authorized, the Contracting Officer may replace them and deduct the
expense of the replacement from any amounts due or to become due to the
Contractor.
(End of clause)
(R 7-604.3 1965 JAN)
68 52.236-21 I SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)
-- ALTERNATE I (APR 1984)
(a) The Contractor shall keep on the work site a copy of the drawings
and specifications and shall at all times give the Contracting Officer
access thereto. Anything mentioned in the specifications and not shown on
the drawings, or shown on the drawings and not mentioned in the
specifications, shall be of like effect as if shown or mentioned in both.
In case of difference between drawings and specifications, the
specifications shall govern. In case of discrepancy in the figures, in the
drawings, or in the specifications, the matter shall be promptly submitted
to the Contracting Officer, who shall promptly make a determination in
writing. Any adjustment by the Contractor without such a determination
shall be at its own risk and expense. The Contracting Officer shall furnish
from time to time such detailed drawings and other information as
considered necessary, unless otherwise provided.
(b) 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",
00700-99
"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.
(c) 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 "provide complete in place," that is "furnished and installed".
(d) Shop drawings means drawings, submitted to the Government by
the Contractor, subcontractor, or any lower tier subcontractor
pursuant to a construction contract, showing in detail (1) the
proposed fabrication and assembly of structural elements, and (2) the
installation (i.e., fit and attachment details) of materials or
equipment. It includes drawings, diagrams, layouts, schematics,
descriptive literature, illustrations, schedules, performance and test
data, and similar materials furnished by the contractor to explain in
detail specific portions of the work required by the contract. The
Government may duplicate, use, and disclose in any manner and for any
purpose shop drawings delivered under this contract.
(e) If this contract requires shop drawings, the Contractor
shall coordinate all such drawings, and review them for accuracy,
completeness, and compliance with contract requirements and shall
indicate its approval thereon as evidence of such coordination and
review. Shop drawings submitted to the Contracting Officer without
evidence of the Contractor's approval may be returned for
resubmission. The Contracting Officer will indicate an approval or
disapproval of the shop drawings and if not approved as submitted
shall indicate the Government's reasons therefor. Any work done before
such approval shall be at the Contractor's risk. Approval by the
Contracting Officer shall not relieve the Contractor from
responsibility for any errors or omissions in such drawings, nor from
responsibility for complying with the requirements of this contract,
except with respect to variations described and approved in accordance
with (f) below.
(f) If shop drawings show variations from the contract
requirements, the Contractor shall describe such variations in
writing, separate from the drawings, at the time of submission. If the
Contracting Officer approves any such variation, the Contracting
Officer shall issue an appropriate contract modification, except that,
if the variation is minor or does not involve a change in price or in
the time of performance, a modification need not be issued.
00700-100
(g) The Contractor shall submit to the Contracting Officer for
approval four copies (unless otherwise indicated) of all shop drawings as
called for under the various headings of these specifications. Three sets
(unless otherwise indicated) of all shop drawings, will be retained by the
Contracting Officer and one set will be returned to the Contractor. Upon
completing the work under this contract, the Contractor shall furnish a
complete set of all shop drawings as finally approved. These drawings shall
show all changes and revisions made up to the time the equipment is
completed and accepted.
(End of clause)
69 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)
If the Contracting Officer decides to conduct a preconstruction
conference, the successful offeror will be notified and will be required to
attend. The Contracting Officer's notification will include specific
details regarding the date, time, and location of the conference, any need
for attendance by subcontractors, and information regarding the items to be
discussed.
(End of clause)
70 52.242-13 BANKRUPTCY (JUL 1995)
In the event the Contractor enters into proceedings relating to
bankruptcy, whether voluntary or involuntary, the Contractor agrees to
furnish, by certified mail or electronic commerce method authorized by the
contract, written notification of the bankruptcy to the Contracting Officer
responsible for administering the contract. This notification shall be
furnished within five days of the initiation of the proceedings relating to
bankruptcy filing. This notification shall include the date on which the
bankruptcy petition was filed, the identity of the court in which the
bankruptcy petition was filed, and a listing of Government contract numbers
and contracting offices for all Government contracts against which final
payment has not been made. This obligation remains in effect until final
payment under this contract.
(End of clause)
00700-101
71 52.242-14 SUSPENSION OF WORK (APR 1984)
(a) The Contracting Officer may order the Contractor, in writing, to
suspend, delay, or interrupt all or any part of the work of this contract
for the period of time that the Contracting Officer determines 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 (1) by an
act of the Contracting Officer in the administration of this contract, or
(2) by the Contracting Officer's failure to act within the time specified
in this contract (or within a reasonable time if not specified), an
adjustment shall be made for any increase in the cost of performance of
this contract (excluding profit) necessarily caused by the 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 that performance would
have been so suspended, delayed, or interrupted by any other cause,
including the fault or negligence of the Contractor, or for which an
equitable adjustment is provided for or excluded under any other term or
condition of this contract.
(c) A claim under this clause shall not 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 the suspension,
delay, or interruption, but not later than the date of final payment under
the contract.
(End of clause)
72 52.243-4 CHANGES (AUG 1987)
(a) The Contracting Officer may, at any time, without notice to the
sureties, if any, by written order designated or indicated to be a change
order, make changes in the work within the general scope of the contract,
including changes--
(1) In the specifications (including drawings and designs);
(2) In the method or manner of performance of the work;
(3) In the Government-furnished facilities, equipment, materials,
services, or site; or
00700-102
(4) Directing acceleration in the performance of the work.
(b) Any other written or oral order (which, as used in this paragraph
(b), includes direction, instruction, interpretation, or determination)
from the Contracting Officer that causes a change shall be treated as a
change order under this clause; provided, that the Contractor gives the
Contracting Officer written notice stating (1) the date, circumstances, and
source of the order and (a) that the Contractor regards the order as a
change order.
(c) Except as provided in this clause, no order, statement, or conduct
of the Contracting Officer shall be treated as a change under this clause
or entitle the Contractor to an equitable adjustment.
(d) If any change under this clause causes an increase or decrease in
the Contractor's cost of, or the time required for the performance of any
part of the work under this contract, whether or not changed by any such
order, the Contracting Officer shall make an equitable adjustment and
modify the contract in writing. However, except for an adjustment based on
defective specifications, no adjustment for any change under paragraph (b)
of this clause shall be made for any costs incurred more than 20 days
before the Contractor gives written notice as required. In the case of
defective specifications for which the Government is responsible, the
equitable adjustment shall include any increased cost reasonably incurred
by the Contractor in attempting to comply with the defective
specifications.
(e) The Contractor must assert its right to an adjustment under this
clause within 30 days after (1) receipt of a written change order under
paragraph (a) of this clause or (2) the furnishing of a written notice
under paragraph (b) of this clause, by submitting to the Contracting
Officer a written statement describing the general nature and amount of the
proposal, unless this period is extended by the Government. The statement
of proposal for adjustment may be included in the notice under paragraph
(b) above.
(f) No proposal by the Contractor for an equitable adjustment shall be
allowed if asserted after final payment under this contract.
(End of clause)
73 S2.244-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) (FEB 1995)
(a) This clause does not apply to fi??-fixed-price contracts and fixed-
price contracts with economic price adjustment. However, it does apply to
subcontracts resulting from unpriced modifications to such contracts.
(b) "Subcontract," as used in this clause, includes but is not limited
00700-103
to purchase orders, and changes and modifications to purchase orders. The
Contractor shall notify the Contracting Officer reasonably in advance of
entering into any subcontract if the Contractor does not have an approved
purchasing system and if the subcontract--
(1) Is proposed to exceed $100,000; or
(2) Is one of a number of subcontracts with a single subcontractor,
under this contract, for the same or related supplies or services, that
in the aggregate are expected to exceed $100,000.
(c) The advance notification required by paragraph (b) above shall
include--
(1) A description of the supplies or services to be subcontracted;
(2) Identification of the type of subcontract to be used;
(3) Identification of the proposed subcontractor and an explanation of
why and how the proposed subcontractor was selected, including the
competition obtained;
(4) The proposed subcontract price and the Contractor's cost or price
analysis;
(5) The subcontractor's current, complete, and accurate cost or
pricing data and Certificate of Current Cost or Pricing Data, if required
by other contract provisions;
(6) The subcontractor's Disclosure Statement or Certificate relating
to Cost Accounting Standards when such data are required by other
provisions of this contract; and
(7) A negotiation memorandum reflecting--
(i) The principal elements of the subcontract price negotiations;
(ii) The most significant considerations controlling establishment
of initial or revised prices;
(iii) The reason cost or pricing data were or were not required;
(iv) The extent, if any, to which the Contractor did not rely on
the subcontractor's cost or pricing data in determining the price
objective and in negotiating the final price;
(v) The extent, if any, to which it was recognized in the
negotiation that the subcontractor's cost or pricing data were not
accurate, complete, or current; the action taken by the Contractor and
subcontractor; and the effect of any such defective data on the total
price negotiated;
(vi) The reasons for any significant difference between the
Contractor's price objective and the price negotiated; and
(vii) A complete explanation of the incentive fee or profit plan
when incentives are used. The explanation shall identify each critical
performance element, management decisions used to quantify
00700-104
each incentive element, reasons for the incentives, and a summary of
all trade-off possibilities considered.
(d) The Contractor shall obtain the Contracting Officer's written
consent before placing any subcontract for which advance notification is
required under paragraph (b) above. However, the Contracting Officer may
ratify in writing any such subcontract. Ratification shall constitute the
consent of the Contracting Officer.
(e) Even if the Contractor's purchasing system has been approved, the
Contractor shall obtain the Contracting Officer's written consent before
placing subcontracts identified below: _________
(f) Unless the consent or approval specifically provides otherwise,
neither consent by the Contracting Officer to any subcontract nor approval
of the Contractor's purchasing system shall constitute a determination (1)
of the acceptability of any subcontract terms or conditions (2) of the
acceptability of any subcontract price or of any amount paid under any
subcontract, or (3) to relieve the Contractor of any responsibility for
performing this contract.
(g) No subcontract placed under this contract shall provide for payment
on a cost-plus-a-percentage-of-cost basis, and any fee payable under cost-
reimbursement subcontracts shall not exceed the fee limitations in
subsection 15.903(d) of the Federal Acquisition Regulation (FAR).
(h) The Government reserves the right to review the Contractor's
purchasing system as set forth in FAR Subpart 44.3.
(End of clause)
74 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
(a) Definition. "Work" includes, but is not limited to, materials,
workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and
perform such inspections as will ensure that the work performed under the
contract conforms to contract requirements. The Contractor shall maintain
complete inspection records and make them available to the Government. All
work shall be conducted under the general direction of the Contracting
Officer and is subject to Government inspection and test at all places and
at all reasonable times before acceptance to ensure strict compliance with
the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the
Government and do not--
(1) Relieve the Contractor of responsibility for providing adequate
00700-105
quality control measures:
(2) Relieve the Contractor of responsibility for damage to or loss of
the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of
the completed work under paragraph (i) below.
(d) The presence or absence of a Government inspector does not relieve
the Contractor from any contract requirement, nor is the inspector
authorized to change any term or condition of the specification without the
Contracting Officer's written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract
price, all facilities, labor, and material reasonably needed for performing
such safe and convenient inspections and tests as may be required by the
Contracting Officer. The Government may charge to the Contractor any
additional cost of inspection or test when work is not ready at the time
specified by the Contractor for inspection or test, or when prior rejection
makes reinspection or retest necessary. The Government shall perform all
inspections and tests in a manner that will not unnecessarily delay the
work. Special, full size, and performance tests shall be performed as
described in the contract.
(f) The Contractor shall, without charge, replace or correct work found
by the Government not to conform to contract requirements, unless in the
public interest the Government consents to accept the work with an
appropriate adjustment in contract price. The Contractor shall promptly
segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected
work, the Government may (1) by contract or otherwise, replace or correct
the work and charge the cost to the Contractor or (2) terminate for default
the Contractor's right to proceed.
(h) If, before acceptance of the entire work, the Government decides to
examine already completed work by removing it or tearing it out, the
Contractor, on request, shall promptly furnish all necessary facilities,
labor, and material. If the work is found to be defective or nonconforming
in any material respect due to the fault of the Contractor or its
subcontractors, the Contractor shall defray the expenses of the examination
and of satisfactory reconstruction. However, if the work is found to meet
contract requirements, the Contracting Officer shall make an equitable
adjustment for the additional services involved in the examination and
reconstruction, including, if completion of the work was thereby delayed,
an extension of time.
(i) Unless otherwise specified in the contract, the Government shall
00700-106
accept, as promptly as practicable after completion and inspection, all
work required by the contract or that portion of the work the Contracting
Officer determines can be accepted separately. Acceptance shall be final
and conclusive except for latent defects, fraud, gross mistakes amounting
to fraud, or the Government's rights under any warranty or guarantee.
(End of clause)
75 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)
(a) In addition to any other warranties in this contract, the
Contractor warrants, except as provided in paragraph (i) of this clause,
that work performed under this contract conforms to the contract
requirements and is free of any defect in equipment, material, or design
furnished, or workmanship performed by the Contractor or any subcontractor
or supplier at any tier.
(b) This warranty shall continue for a period of 1 year from the date
of final acceptance of the work. If the Government takes possession of any
part of the work before final acceptance, this warranty shall continue for
a period of 1 year from the date the Government takes possession.
(c) The Contractor shall remedy at the Contractor's expense any
failure to conform, or any defect. In addition, the Contractor shall remedy
at the Contractor's expense any damage to Government-owned or controlled
real or personal property, when that damage is the result of--
(1) The Contractor's failure to conform to contract
requirements; or
(2) Any defect of equipment, material, workmanship, or design
furnished.
(d) The Contractor shall restore any work damaged in fulfilling the
terms and conditions of this clause. The Contractor's warranty with respect
to work repaired or replaced will run for 1 year from the date of repair or
replacement.
(e) The Contracting Officer shall notify the Contractor, in writing,
within a reasonable time after the discovery of any failure, defect, or
damage.
(f) If the Contractor fails to remedy any failure, defect, or damage
within a reasonable time after receipt of notice, the Government shall have
the right to replace, repair, or otherwise remedy the failure, defect, or
damage at the Contractor's expense.
(g) With respect to all warranties, express or implied, from
subcontractors, manufactures, or suppliers for work performed and materials
furnished under this contract, the Contractor shall--
00700-107
(1) Obtain all warranties that would be given in normal
commercial practice;
(2) Require all warranties to be executed, in writing, for the
benefit of the Government, if directed by the Contracting Officer; and
(3) Enforce all warranties for the benefit of the Government, if
directed by the Contracting Officer.
(h) In the event the Contractor's warranty under paragraph (b) of
this clause has expired, the Government may bring suit at its expense to
enforce a subcontractor's, manufacturer's, or supplier's warranty.
(i) Unless a defect is caused by the negligence of the Contractor or
subcontractor or supplier at any tier, the Contractor shall not be liable
for the repair of any defects of material or design furnished by the
Government nor for the repair of any damage that results from any defect in
Government-furnished material or design.
(j) This warranty shall not limit the Government's rights under the
Inspection and Acceptance clause of this contract with respect to latent
defects, gross mistakes, or fraud.
(End of clause)
(R 7-604.4 1976 JUL)
76 52.248-3 I VALUE ENGINEERING--CONSTRUCTION (MAR 1989)--ALTERNATE I
(APR 1984)
(a) General. The Contractor is encouraged to develop, prepare, and
submit value engineering change proposals (VECP's) voluntarily. The
Contractor shall share in any instant contract savings realized from
accepted VECP's, in accordance with paragraph (f) below.
(b) Definitions. "Collateral costs," as used in this clause, means
agency costs of operation, maintenance, logistic support, or
Government-furnished property.
"Collateral savings," as used in this clause, means those measurable
net reductions resulting from a VECP in the agency's overall projected
collateral costs, exclusive of acquisition savings, whether or not the
acquisition cost changes.
"Contractor's development and implementation costs," as used in this
clause, means those costs the Contractor incurs on a VECP specifically in
developing, testing, preparing, and submitting the VECP, as well as those
costs the Contractor incurs to make the contractual changes required by
Government acceptance of a VECP.
"Government costs," as used in this clause, means those agency costs
that result directly from developing and implementing the VECP, such as
00700-108
any net increases in the cost of testing, operations, maintenance, and logistic
support. The term does not include the normal administrative costs of processing
the VECP.
"Instant contract savings," as used in this clause, 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
(h) below).
"Value engineering change proposal (VECP)" means a proposal that**
(1) Requires a change to this, the instant contract, to implement and
(2) Results in reducing the contract price or estimated cost without
impairing essential functions or characteristics: provided, that it does not
involve a change**
(i) In deliverable end item quantities only, or
(ii) To the contract type only.
(c) VECP preparation. As a minimum, the Contractor shall include in each
VECP the information described in subparagraphs (1) through (7) below. If the
proposed change is affected by contractually required configuration management
or similar procedures, the instructions in those 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 and analysis 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 (i) the affected portions of the
existing contract requirement and (ii) 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 subcontractors under
paragraph (h) below.
(4) A description and estimate of costs the Government may incur in
implementing the VECP, such as test and evaluation and operating and support
costs.
(5) A prediction of any effects the proposed change would have on collateral
costs to the agency.
(6) A statement of the time by which a contract modification accepting the
VECP must be issued in order to achieve the maximum cost reduction.
00700-109
noting any effect on the contract completion time or delivery schedule.
(7) Identification of any previous submissions of the VECP, including
the dates submitted, the agencies and contract numbers involved, and
previous Government actions, if known.
(d) Submission. The Contractor shall submit VECP's to the Resident
Engineer at the worksite, with a copy to the Contracting Officer.
(e) Government action. (1) 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, the
Contracting Officer shall notify the Contractor within the 45-day period
and provide the reason for the delay and the expected date of the decision.
The Government will process VECP's expeditiously; however, it shall not be
liable for any delay in acting upon a VECP.
(2) If the VECP is not accepted, the Contracting Officer shall notify
the Contractor in writing, explaining the reasons for rejection. The
Contractor may withdraw any VECP, in whole or in part, at any time
before it is accepted by the Government. The Contracting Officer may
require that the Contractor provide written notification before
undertaking significant expenditures for VECP effort.
(3) Any VECP may be accepted, in whole or in part, by the Contracting
Officer's award of a modification to this contract citing this clause.
The Contracting Officer may accept the VECP, even though an agreement on
price reduction has not been reached, by issuing the Contractor a notice
to proceed with the change. Until a notice to proceed is issued or a
contract modification applies a VECP to this contract, the Contractor
shall perform in accordance with the existing contract. The Contracting
Officer's decision to accept or reject all or part of any VECP shall be
final and not subject to the Disputes clause or otherwise subject to
litigation under the Contract Disputes Act of 1978 (41 U.S.C. 601-613).
(f) Sharing. (1) Rates. The Government's share of savings is determined
by subtracting Government costs from instant contract savings and
multiplying the result by (i) 45 percent for fixed-price contracts or (ii)
75 percent for cost-reimbursement contracts.
(2) Payment. Payment of any share due the Contractor for use of a
VECP on this contract shall be authorized by a modification to this
contract to--
(i) Accept the VECP;
(ii) Reduce the contract price or estimated cost by the amount of
instant contract savings; and
(iii) Provide the Contractor's share of savings by adding the amount
calculated to the contract price or fee.
00700-110
(g) Subcontracts. The Contractor shall include an appropriate value
engineering clause in any subcontract of $50,000 or more and may include
one in subcontracts of lesser value. In computing any adjustment in this
contract's price under paragraph (f) above, the Contractor's allowable
development and implementation costs shall include any subcontractor's
allowable development and implementation costs clearly resulting from a
VECP accepted by the Government under this contract, but shall exclude any
value engineering incentive payments to a Subcontractor. The Contractor may
choose any arrangement for subcontractor value engineering incentive
payments; provided, that these payments shall not reduce the Government's
share of the savings resulting from the VECP.
(h) Data. The Contractor may restrict the Government's right to use any
part of a VECP or the supporting data by marking the following legend on
the affected parts:
"These data, furnished under the Value Engineering--Construction clause of
contract ________________, shall not be disclosed outside the Government or
duplicated, used, or disclosed, in whole or in part, for any purpose other
than to evaluate a value engineering change proposal submitted under the
clause. This restriction does not limit the Government's right to use
information contained in these data if it has been obtained or is otherwise
available from the Contractor or from another source without limitations."
If a VECP is accepted, the Contractor hereby grants the Government
unlimited rights in the VECP and supporting data, except that, with respect
to data qualifying and submitted as limited rights technical data, the
Government shall have the rights specified in the contract modification
implementing the VECP and shall appropriately mark the data. (The terms
"unlimited rights" and "limited rights" are defined in Part 27 of the
Federal Acquisition Regulation.)
(End of clause)
77 52.249-2 I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)
(SEP 1996)-- ALTERNATE I (SEP 1996)
(a) The Government may terminate performance of work under this contract
in whole or, from time to time in part if the Contracting Officer
determines that a termination is in the Government's interest. The
Contracting Officer shall terminate by delivering to the Contractor a
Notice of Termination specifying the extent of termination and the
effective date.
00700-111
(b) After receipt of a Notice of Termination, and except as directed by the
Contracting Officer, the Contractor shall immediately proceed with the following
obligations, regardless of any delay in determining or adjusting any amounts due
under this clause:
(1) Stop work as specified in the notice.
(2) Place no further subcontracts or orders (referred to as subcontracts in
this clause) for materials, services, or facilities, except as necessary to
complete the continued portion of the contract.
(3) Terminate all subcontracts to the extent they relate to the work
terminated.
(4) Assign to the Government, as directed by the Contracting Officer, all
right, title, and interest of the Contractor under the subcontracts
terminated, in which case the Government shall have the right to settle or
pay any termination settlement proposal arising out of those terminations.
(5) With approval or ratification to the extent required by the Contracting
Officer, settle all outstanding liabilities and termination settlement
proposals arising from the termination of subcontracts, the approval or
ratification will be final for purposes of this clause.
(6) As directed by the Contracting Officer, transfer title and deliver to
the Government (i) the fabricated or unfabricated parts, work in process,
completed work, supplies, and other material produced or acquired for the
work terminated, and (ii) the completed or partially completed plans,
drawings, information, and other property that, if the contract had been
completed, would be required to be furnished to the Government.
(7) Complete performance of the work not terminated.
(8) Take any action that may be necessary, or that the Contracting Officer
may direct, for the protection and preservation of the property related to
this contract that is in the possession of the Contractor and in which the
Government has or may acquire an interest.
(9) Use its best efforts to sell, as directed or authorized by the
Contracting Officer, any property of the types referred to in subparagraph
(b) (c) of this clause; provided, however, that the Contractor (i) is not
required to extend credit to any purchaser and (ii) may acquire the property
under the conditions prescribed by, and at prices approved by, the
Contracting Officer. The proceeds of any transfer or disposition will be
applied to reduce any payments to be made by the Government under this
contract, credited to the price or cost of the work, or paid in any other
manner directed by the Contracting Officer.
00700-112
(c) The Contractor shall submit complete termination inventory
schedules no later than 120 days from the effective date of termination,
unless extended in writing by the Contracting Officer upon written request
of the Contractor within this 120-day period.
(d) After expiration of the plant clearance period as defined in
Subpart 45.6 of the Federal Acquisition Regulation, the Contractor may
submit to the Contracting Officer a list, certified as to quantity and
quality, of termination inventory not previously disposed of, excluding
items authorized for disposition by the Contracting Officer. The Contractor
may request the Government to remove those items or enter into an agreement
for their storage. Within 15 days, the Government will accept title to
those items and remove them or enter into a storage agreement. The
Contracting Officer may verify the list upon removal of the items, or if
stored, within 45 days from submission of the list, and shall correct the
list, as necessary, before final settlement.
(e) After termination, the Contractor shall submit a final termination
settlement proposal to the Contracting Officer in the form and with the
certification prescribed by the Contracting Officer. The Contractor shall
submit the proposal promptly, but no later than 1 year from the effective
date of termination, unless extended in writing by the Contracting Officer
upon written request of the Contractor within this 1 year period. However,
if the Contracting Officer determines that the facts justify it, a
termination settlement proposal may be received and acted on after 1 year
or any extension. If the Contractor fails to submit the proposal within the
time allowed, the Contracting Officer may determine, on the basis of
information available, the amount, if any, due the Contractor because of
the termination and shall pay the amount determined.
(f) Subject to paragraph (e) of this clause, the Contractor and the
Contracting Officer may agree upon the whole or any part of the amount to
be paid or remaining to be paid because of the termination. The amount may
include a reasonable allowance for profit on work done. However, the agreed
amount, whether under this paragraph (f) or paragraph (g) of this clause,
exclusive of costs shown in subparagraph (g) (3) of this clause, may not
exceed the total contract price as reduced by (1) the amount of payments
previously made and (2) the contract price of work not terminated. The
contract shall be modified, and the Contractor paid the agreed amount.
Paragraph (g) of this clause shall not limit, restrict, or affect the
amount that may be agreed upon to be paid under this paragraph.
(g) If the Contractor and Contracting Officer fail to agree on the
whole amount to be paid the Contractor because of the termination of work,
the Contracting Officer shall pay the Contractor the amounts determined as
00700-113
follow, but without duplication of any amounts agreed upon under paragraph
(f) of this clause:
(1) For contract work performed before the effective date of
termination, the total (without duplication of any items) of--
(i) The cost of this work;
(ii) The cost of settling and paying termination settlement
proposals under terminated subcontracts that are properly chargeable
to the terminated portion of the contract if not included in
subdivision (g) (1) (1) of this clause; and
(iii) A sum, as profit on subdivision (g) (1) (1) of this clause,
determined by the Contracting Officer under 49.202 of the Federal
Acquisition Regulation, in effect on the date of this contract, to be
fair and reasonable; however, if it appears that the Contractor would
have sustained a loss on the entire contract had it been completed,
the Contracting Officer shall allow no profit under this subdivision
(iii) and shall reduce the settlement to reflect the indicated rate of
loss.
(2) The reasonable costs of settlement of the work terminated,
including--
(i) Accounting, legal, clerical, and other expenses reasonably
necessary for the preparation of termination settlement proposals and
supporting data;
(ii) The termination and settlement of subcontracts (excluding
the amounts of such settlements), and
(iii) Storage, transportation, and other costs incurred,
reasonably necessary for the preservation, protection, or disposition
of the termination inventory.
(h) Except for normal spoilage, and except to the extent that the
Government expressly assumed the risk of loss, the Contracting Officer
shall exclude from the amounts payable to the Contractor under paragraph
(g) of this clause, the fair value, as determined by the Contracting
Officer, of property that is destroyed, lost, stolen, or damaged so as to
become undeliverable to the Government or to a buyer.
(i) The cost principles and procedures of Part 31 of the Federal
Acquisition Regulation, in effect on the date of this contract, shall
govern all costs claimed, agreed to, or determined under this clause.
(j) The Contractor shall have the right of appeal, under the Disputes
clause, from any determination made by the Contracting Officer under
paragraph (e), (g), or (1) of this clause, except that if the Contractor
failed to submit the termination settlement proposal or request for
equitable adjustment within the time provided in paragraph (e) or (l),
respectively, and failed to request a time extension, there is no right of
00700-114
appeal.
(k) In arriving at the amount due the Contractor under this clause, there
shall be deducted--
(1) All unliquidated advance or other payments to the Contractor under the
terminated portion of this contract;
(2) Any claim which the Government has against the Contractor under this
contract; and
(3) The agreed price for, or the proceeds of sale of, materials, supplies,
or other things acquired by the Contractor or sold under the provisions of
this clause and not recovered by or credited to the Government.
(l) If the termination is partial, the Contractor may file a proposal with
the Contracting Officer for an equitable adjustment of the price(s) of the
continued portion of the contract. The Contracting Officer shall make any
equitable adjustment agreed upon. Any proposal by the Contractor for an
equitable adjustment under this clause shall be requested within 90 days from
the effective date of termination unless extended in writing by the Contracting
Officer.
(m) (1) The Government may, under the terms and conditions it prescribes,
make partial payments and payments against costs incurred by the Contractor for
the terminated portion of the contract, if the Contracting Officer believes the
total of these payments will not exceed the amount to which the Contractor will
be entitled.
(2) If the total payments exceed the amount finally determined to be
due, the Contractor shall repay the excess to the Government upon demand,
together with interest computed at the rate established by the Secretary of
the Treasury under 50 U.S.C. App. 1215(b)(2). Interest shall be computed for
the period from the date the excess payment is received by the Contractor to
the date the excess is repaid. Interest shall not be charged on any excess
payment due to a reduction in the Contractor's termination settlement proposal
because of retention or other disposition, or a later date determined by the
Contracting Officer because of the circumstances.
(n) Unless otherwise provided in this contract or by statute, the Contractor
shall maintain all records and documents relating to the terminated portion of
this contract for 3 years after final settlement. This includes all books and
other evidence bearing on the Contractor's costs and expenses under this
contract. The Contractor shall make these records and documents available to the
Government, at the Contractor's office, at all reasonable times, without any
direct charge. If approved
00700-115
by the Contracting Officer, photographs, microphotographs, or other
authentic reproductions may be maintained instead of original records and
documents.
(End of clause)
78 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)
(a) If the Contractor refuses or fails to prosecute the work or any
separable part, with the diligence that will insure its completion within
the time specified in this contract including any extension, or fails to
complete the work within this time, the Government may, be written notice
to the Contractor, terminate the right to proceed with the work (or the
separable part of the work) that has been delayed. In this event, the
Government may take over the work and complete it by contract or otherwise,
and may take possession of and use any materials, appliances, and plant on
the work site necessary for completing the work. The Contractor and its
sureties shall be liable for any damage to the Government resulting from
the Contractor's refusal or failure to complete the work within the
specified time, whether or not the Contractor's right to proceed with the
work is terminated. This liability includes any increased costs incurred by
the Government in completing the work.
(b) The Contractor's right to proceed shall not be terminated nor the
Contractor charged with damages under this clause, if-
(1) The delay in completing the work arises from unforeseeable
causes beyond the control and without the fault or negligence of the
Contractor. Examples of such causes include (i) acts of God or of the
public enemy, (ii) acts of the Government in either its sovereign or
contractual capacity, (iii) acts of another Contractor in the
performance of a contract with the Government, (iv) fires, (v)
floods, (vi) epidemics, (vii) quarantine restrictions, (viii) strikes,
(ix) freight embargoes, (x) unusually severe weather, or (xi) delays
of subcontractors or suppliers at any tier arising from unforeseeable
causes beyond the control and without the fault or negligence of both
the Contractor and the subcontractors or suppliers; and
(2) The Contractor, within 10 days from the beginning of any
delay (unless extended by the Contracting Officer), notifies the
Contracting Officer in writing of the causes of delay. The Contracting
Officer shall ascertain the facts and the extent of delay. If, in the
judgment of the Contracting Officer, the findings of fact warrant such
action, the time for completing the work shall be extended. The
findings of the
00700-116
Contracting Officer shall be final and conclusive on the parties, but
subject to appeal under the disputes clause.
(c) If, after termination of the Contractor's right to proceed, it is
determined that the Contractor was not in default, or that the delay was
excusable, the rights and obligations of the parties will be the same as if
the termination had been issued for the convenience of the Government.
(d) The rights and remedies of the Government in this clause are in
addition to any other rights and remedies provided by law or under this
contract.
(End of clause)
79 52.252-8 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1994)
(a) The use in this solicitation or contract of any Federal
Acquisition Regulation (48 CFR Chapter 1) clause with an authorized
deviation is indicated by the addition of "(DEVIATION)" after the date of
the clause.
(b) The use in this solicitation or contract of any ___________ (48
CFR _________) clause with an authorized deviation is indicated by the
addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
(NM)
80 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
(a) Any data required to be submitted on a Standard or Optional Form
prescribed by the Federal Acquisition Regulation (FAR) may be submitted on
a computer generated version of the form provided there is no change to the
name, content, or sequence of the data elements on the form, and provided
the form carries the Standard of Optional Form number and edition date.
(b) Unless prohibited by agency regulations, any date required to be
submitted on an agency unique form prescribed by an agency supplement to
the FAR may be submitted on a computer generated version of the form
provided there is no change to the name, content, or sequence of the data
elements on the form and provided the form carries the agency form number
and edition date.
(c) If the Contractor submits a computer generated version of a form
that is different than the required form, then the rights and obligations
of the parties will be determined based on the content of the required
00700-117
form.
(End of clause)
81 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
(a) Definition. "Contracting Officer's representative" means an
individual designated in accordance with subsection 201.602-2 of the
Defense Federal Acquisition Regulation Supplement and authorized in writing
by the Contracting Officer to perform specific technical or administrative
functions.
(b) If the Contracting Officer designated a contracting officer's
representative (COR), the Contractor will receive a copy of the written
designation. It will specify the extent of the COR's authority to act on
behalf of the Contracting Officer. The COR is not authorized to make any
commitments or changes that will affect price, quality, quantity,
delivery, or any other term or condition of the contract.
(End of clause)
82 252.203-7001 SPECIAL PROHIBITION ON EMPLOYMENT (NOV 1995)
(a) Definitions.
As used in this clause--
(1) "Arising out of a contract with the DoD" means any act in
connection with--
(i) Attempting to obtain,
(ii) Obtaining, or
(iii) Performing a contract or first-tier subcontract of any
agency, department, or component of the Department of Defense
(DoD).
(2) "Conviction of fraud or any other felony" means any
conviction for fraud or a felony in violation of state or Federal
criminal statutes, whether entered on a verdict or plea, including a
plea of nolo contendare, for which sentence has been imposed.
(3) "Date of conviction" means the date the judgment was entered
against the individual.
(b) 10 U.S.C. 2408 provides that any individual who is convicted
after September 29, 1988, of fraud or any other felony arising out of a
contract with the DoD is prohibited from:
(1) Working in a management or supervisory capacity on any DoD
contract or first-tier subcontract;
00700-118
(2) Serving on the board of directors of any DoD Contractor or
first-tier subcontractor; or
(3) Serving as a consultant to any DoD Contractor or first-tier
subcontractor.
(c) Unless waived, the prohibition in paragraph (b) applies for five
years from the date of conviction.
(d) 10 U.S.C. 2408 further provides that a defense Contractor or
first-tier subcontractor shall be subject to a criminal penalty of not
more than $500,000 if convicted of knowingly--
(1) Employing a person under a prohibition specified in
paragraph (b) of this clause; or
(2) Allowing such person to serve on the board of directors of
the Contractor or first-tier subcontractor.
(e) In addition to the criminal penalties contained in 10 U.S.C.
2408, the Government may consider other available remedies, such as--
(1) Suspension or debarment;
(2) Cancellation of the contract at no cost to the Government;
or
(3) Termination of the contract for default.
(f) The Contractor may submit written requests for waiver of the
prohibitions in paragraph (b) of this clause to the Contracting Officer.
Requests shall clearly identify--
(1) The person involved;
(2) The nature of the conviction and resultant sentence or
punishment imposed;
(3) The reasons for the requested waiver; and,
(4) An explanation of why a waiver is in the interest of
national security.
(g) The Contractor agrees to include the substance of this clause,
appropriately modified to reflect the identity and relationship of the
parties, in all first-tier subcontracts exceeding the simplified
acquisition threshold in Part 13 of the Federal Acquisition Regulation,
except those for commercial items or components.
(h) Pursuant to 10 U.S.C. 2408(c), defence contractors and
subcontractors may obtain information as to whether a particular person has
been convicted of fraud or any other felony arising out of a contract with
the DoD by contacting The Office of Justice Programs, The Denial of
Benefits Office, U.S. Department of Justice, telephone (202) 307-1065.
(End of clause)
83 252.203-7002 DISPLAY OF DOD HOTLINE POSTER (DEC 1991)
00700-119
(a) The Contractor shall display prominently in common work areas
within business segments performing work under Department of Defence (DoD)
contracts, DoD Hotline Posters prepared by the DoD Office of the Inspector
General.
(b) DoD Hotline Posters may be obtained from the DoD Inspector
General, ATTN: Defense Hotline, 400 Army Navy Drive, Washington, DC
22202-2684.
(c) The Contractor need not comply with paragraph (a) of this clause
if it has established a mechanism, such as a hotline, by which employees
may report suspected instances of improper conduct, and instructions that
encourage employees to make such reports.
[End of clause)
84 252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991)
(a) The Contractor shall not release to anyone outside the
Contractor's organization any unclassified information, regardless of
medium (e.g., film, tape, document), pertaining to any part of this
contract or any program related to this contract, unless--
(1) The Contracting Officer has given prior written approval; or
(2) The information is otherwise in the public domain before the
date of release.
(b) Requests for approval shall identify the specific information to
be released, the medium to be used, and the purpose for the release. The
Contractor shall submit its request to the Contracting Officer at least 45
days before the proposed date for release.
(e) The Contractor agrees to include a similar requirement in each
subcontract under this contract. Subcontractors shall submit requests for
authorization to release through the prime Contractor to the Contracting
Officer.
(End of clause)
85 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
The Contractor's procedures for protecting against unauthorized
disclosure of information shall nor require Department of Defence employees
or members of the Armed Forces to relinquish control of their work
products, whether classified or not, to the Contractor.
(End of clause)
00700-120
86 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS
(DEC 1991)
(a) Definition.
"Cooperative agreement holder" means a State or local government; a
private, nonprofit organization; a tribal organization (as defined in
section 4(c) of the Indian Self-Determination and Education Assistance Act
(Pub. L. 93-268; 25 U.S.C. 450(c))); or an economic enterprise (as defined
in section 3(a) of the Indian Financing Act of 1974 (Pub. L. 93-362; 25
U.S.C. 1452(e))) whether such economic enterprise is organized for profit
or nonprofit purposes; which has an agreement with the Defence Logistics
Agency to furnish procurement technical assistance to business entities.
(b) The Contractor shall provide cooperative agreement holders, upon
their request, with a list of those appropriate employees or offices
responsible for entering into subcontracts under defence contracts. The
list shall include the business address, telephone number, and area of
responsibility of each employee or office.
(c) The Contractor need not provide the listing to a particular
cooperative agreement holder more frequently than once a year.
(End of clause)
87 252.209-7000 ACQUISITION FROM SUBCONTRACTORS SUBJECT TO ON-SITE
INSPECTION UNDER THE INTERMEDIATE-RANGE NUCLEAR FORCES
(INF) TREATY (NOV 1995)
(a) The Contractor shall not deny consideration for a subcontract
award under this contract to a potential subcontractor subject to on-site
inspection under the INF Treaty, or a similar treaty, solely or in part
because of the actual or potential presence of Soviet inspectors at the
subcontractor's facility, unless the decision is approved by the
Contracting Officer.
(b) The Contractor shall incorporate this clause, including this
paragraph (b), in all solicitations and contracts exceeding the simplified
acquisition threshold in Part 13 of the Federal Acquisition Regulation,
except those for commercial items.
(End of clause)
88 252.209-7004 REPORTING OF COMMERCIAL TRANSACTIONS WITH THE GOVERNMENT OF
A TERRORIST
00700-121
COUNTRY (SEP 1994)
(a) Definitions.
As used in this clause--
(1) "Government of a terrorist country" includes the state and
the government of a terrorist country, as well as any political
subdivision, agency, or instrumentality thereof.
(2) "Terrorist country" means a country determined by the
Secretary of State, under section 6(j) (1) (A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405 (j) (i) (A)), as of 60
days before the contract award date, to be a country the government of
which has repeatedly provided support for acts of international
terrorism. As of the date of this clause, terrorist countries include:
Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria.
(b) Reporting.
(1) In accordance with section 843 of the National Defense
Authorization Act for Fiscal Year 1994 (Pub. L. 103-160), if this
contract exceeds $5,000,000, the Contractor shall report each
commercial transaction that it conducts with the government of a
terrorist country during the period of performance of this contract
(but not beyond September 30, 1996).
(2) This reporting requirement does not apply to--
(i) Transactions conducted by affiliates of subsidiaries of
the Contractor; a
(ii) Payment or receipt of payment of a judgment or award
ordered by a court or arbitral tribunal of competent
jurisdiction.
(3) The Contractor shall submit reports in the following format:
Title of Report: Report of Commercial Transactions with the
Government of a Terrorist Country
Date of Report:
Contract Number:
Contractor's Name and Address:
Name and Telephone Number of Individual Submitting Report:
Commercial Transactions with the Government of a Terrorist Country:
Country Nature of Commercial Transaction
________________ ___________________________________________
________________ ___________________________________________
00700-122
(4) The Contractor shall submit reports annually by September
30, but not beyond September 30, 1996. Each report shall include
transactions conducted during the preceding one-year period of
contract performance.
(5) The Contractor shall submit reports to:
Deputy Director of Defense Procurement (Foreign Contracting),
OUSD (A&T) DF (FC), Washington, DC 20301-3060.
(End of clause)
89 252.219-7003 SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS
SUBCONTRACTING PLAN (DoD CONTRACTS) (APR 1996)
This clause supplements the Federal Acquisition Regulation 52.219-9,
Small, Small Disadvantaged and Women-Owned Small Business Subcontracting
Plan, clause of this contract.
(a) Definitions.
"Historically black colleges and universities," as used in this
clause, means institutions determined by the Secretary of Education to meet
the requirements of 34 CFR 608.2. The term also means any nonprofit
research institution that was an integral part of such a college or
university before November 14, 1986.
"Minority institutions," as used in this clause, means institutions
meeting the requirements of section 1046(3) of the Higher Education Act of
1965 (20 U.S.C. 113Sd-5(3)). The term also includes Hispanic-serving
institutions as defined in section 316(b)(1) of such Act (20 U.S.C.
1059c(b)(1)).
(b) Except for company or division-wide commercial items
subcontracting plans, the term "small disadvantaged business," when used in
the FAR 52.219-9 clause, includes historically black colleges and
universities and minority institutions, in addition to small disadvantaged
business concerns.
(c) Work under the contract or its subcontracts shall be credited
toward meeting the small disadvantaged business concern goal required by
paragraph (d) of the FAR 52.219-9 clause when:
(1) It is performed on Indian lands or in joint venture with an
Indian tribe or a tribally-owned corporation, and
(2) It meets the requirements of 10 U.S.C. 2323a.
(d) Subcontracts awarded to workshops approved by the Committee for
Purchase from People Who are Blind or Severely Disabled (41 U.S.C. 46-48),
may be counted toward the Contractor's small business subcontracting goal,
(e) A mentor firm, under the Pilot Mentor-Protege Program established
under Section 831 of Pub. L. 101-510, as amended, may count toward its
small disadvantaged business goal, subcontracts awarded --
(1) Protege firms which are qualified organizations employing
the severely handicapped; and
(2) Former protege firms that meet the criteria in Section
831(g)(4) of Pub. L. 101-510.
(f) The master plan approval referred to in paragraph (f) of the FAR
52.219-9 clause is approval by the Contractor's cognisant contract
administration activity.
(g) In those subcontracting plans which specifically identify small,
small disadvantaged, and women-owned small businesses, the Contractor
shall notify the Administrative Contracting Officer of any substitutions of
firms that are not small, small disadvantaged, or women-owned small
businesses for the firms listed in the subcontracting plan. Notifications
shall be in writing and shall occur within a reasonable period of time
after award of the subcontract. Contractor-specified formats shall be
acceptable.
(End of clause)
90 252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)
(a) Definitions.
(1) "Employee in a sensitive position," as used in this clause,
means an employee who has been granted access to classified
information; or employees in other positions that the Contractor
determines involve national security, health or safety, or functions
other than the foregoing requiring a high degree of trust and
confidence.
(2) "Illegal drugs," as used in this clause, means controlled
substances included in Schedules I and II, as defined by section
802(G) of Title 21 of the United States Code, the possession of which
is unlawful under Chapter 13 of that Title. The term "illegal drugs"
does not mean the use of a controlled substance pursuant to a valid
prescription or other uses authorized by law.
(b) The Contractor agrees to institute and maintain a program for
achieving the objective of a drug-free work force. While this clause
defines criteria for such a program, contractors are encouraged to
implement alternative approaches comparable to the criteria in paragraph
(c) that are designed to achieve the objectives of this clause.
(c) Contractor programs shall include the following, or appropriate
alternatives;
(1) Employee assistance programs emphasizing high level
direction,
00700-124
education, counseling, rehabilitation, and coordination with
available community resources;
(2) Supervisory training to assist in identifying and
addressing illegal drug use by Contractor employees;
(3) Provision for self-referrals as well as supervisory
referrals to treatment with maximum respect for individual
confidentiality consistent with safety and security issues;
(4) Provision for identifying illegal drug users, including
testing on a controlled and carefully monitored basis. Employee
drug testing programs shall be established taking account of the
following:
(i) The Contractor shall establish a program that
provides for testing for the use of illegal drugs by
employees in sensitive positions. The extent of and criteria
for such testing shall be determined by the Contractor based
on considerations that include the nature of the work being
performed under the contract, the employee's duties, the
efficient use of Contractor resources, and the risks to
health, safety, or national security that could result from
the failure of an employee adequately to discharge his or
her position.
(ii) In addition, the Contractor may establish a
program for employee drug testing--
(A) When there is a reasonable suspicion that an
employee uses illegal drugs; or
(B) When an employee has been involved in an
accident or unsafe practice:
(C) As part of or as a follow-up to counseling or
rehabilitation for illegal drug use;
(D) As part of a voluntary drug testing program.
(iii) The Contractor may establish a program to test
applicants for employment for illegal drug use.
(iv) For the purpose of administering this clause,
testing for illegal drugs may be limited to those substances
for which testing is prescribed by section 2.1 of Subpart B
of the "Mandatory Guidelines for Federal Workplace Drug
Testing Programs" (53 FR 11980 (April 11 1988)), issued by
the Department of Health and Human Services.
(d) Contractors shall adopt appropriate personnel procedures to
deal with employees who are found to be using drugs illegally.
Contractors shall not allow any employee to remain on duty or perform
in a sensitive position who is found to use illegal drugs until such
time as the Contractor, in accordance with procedures established by
the Contractor, determines that the employee may perform in such a
position.
(e) The provisions of this clause pertaining to drug testing
programs
00700-125
shall not apply to the extent they are inconsistent with state or local
law, or with an existing collective bargaining Agreement, provided that
with respect to the latter, the Contractor agrees that those issues that
are in conflict will be a subject of negotiation at the next collective
bargaining session.
[End of clause]
91 252.225-7007 TRADE AGREEMENTS (JUL 1996)
(a) Definitions.
(1) "Caribbean Basin country end product"--
(i) Means an article that--
(A) Is wholly the growth, product, or manufacture of a
Caribbean Basin country (as defined in section 25.401 of the
FAR); or
(B) Has, in the case of an article which consists in
whole or in part of materials from another country or
instrumentality, been substantially transformed into a new
and different article of commerce with a name, character, or
use distinct from that of the article or articles from which
it was so transformed. The term includes services (except
transportation services) incidental to its supply, provided
that the value of those incidental services does not exceed
the value of the product itself. It does not include service
contracts as such.
(ii) Excludes products, other than petroleum and any product
derived from petroleum, that are not granted duty-free treatment
under the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703
(b)). These exclusions presently consist of--
(A) Textiles and apparel articles that are subject to
textile agreements;
(B) Footwear, handbags, luggage, flat goods, work
gloves, and leather wearing apparel not designated as
eligible articles for the purpose of the Generalized System
of Preferences under Title V of the Trade Act of 1974;
(C) Tuna, prepared or preserved in any manner in
airtight containers; and
(D) Watches and watch parts (including cases,
bracelets, and straps) of whatever type, including, but not
limited to, mechanical, quartz digital, or quartz analog, if
such watches or watch parts contain any material which is
the product of any country to which Harmonized Tariff
Schedule column 2 rates of duty apply.
00700-126
(2) "Components," "domestic end product," "end product,"
"nonqualifying country," "qualifying country," and "qualifying
country end product" have the meanings given in the Buy American Act
and Balance of Payments Program clause of this contract.
(3) "Designated country" means:
Aruba Japan
Austria Lesotho
Bangladesh Liechtenstein
Belgium Luxembourg
Benin Malawi
Bhutan Maldives
Botswana Mali
Burkino Faso Nepal
Burundi Netherlands
Canada Niger
Cape Verde Norway
Central African Republic Portugal
Chad Republic of Korea
Comoros Rwanda
Denmark Singapore
Finland Somalia
France Spain
Gambia Sudan
Germany Sweden
Greece Switzerland
Guinea Tanzania U.R.
Haiti Uganda
Ireland United Kingdom
Israel Western Samoa
Italy Yemen
(4) "Designated country end product" means an article that--
(i) Is wholly the growth, product, or manufacture of the
designated country; or
(ii) Has, in the case of an article which consists in whole
or in part of materials from another country or instrumentality,
been substantially transformed into a new and different article
of commerce with a name, character, or use distinct from that of
the article or articles from which it was so transformed. The
term includes services (except transportation services)
incidental to its supply, provided that the value of those
incidental services does not exceed the value
00700-127
of the product itself. It does not include service contracts
as such.
(5) "NAFTA country end product" means an article that--
(i) Is wholly the growth, product, or manufacture of
the NAFTA country; or
(ii) Has, in the case of an article which consists in
whole or in part of materials from another country or
instrumentality, been substantially transformed in a NAFTA
country into a new and different article of commerce with a
name, character, or use distinct from that of the article or
articles from which it was so transformed. The term includes
services (except transportation services) incidental to its
supply, provided that the value of those incidental services
does not exceed the value of the product itself. It does not
include service contracts as such.
(6) "North American Free Trade Agreement (NAFTA) country"
means Canada or Mexico.
(7) "Nondesignated country end product" means any end
product which is not a U.S. made end product or a designated
country end product.
(8) "United States" means the United States, its
possessions, Puerto Rico and any other place subject to its
jurisdiction, but does not include leased bases or trust
territories.
(9) "U.S. made end product" means an article which is--
(i) Wholly the growth, product or manufacture of the
United States, or
(ii) In the case of an article which consists in whole
or in part of materials from another country or
instrumentality, has been substantially transformed in the
United States into a new and distinct article of commerce
with a name, character, or use distinct from that of the
article or articles from which it was so transformed.
(b) This clause implements the Trade Agreements Act of 1979 (19
U.S.C. 2501 et seq.), the North American Free Trade Agreement
Implementation Act of 1993, and the Caribbean Basin Initiative by
providing a preference for U.S. made end products and designated
country end products over nondesignated country end products, except
nondesignated country end products which are qualifying country end
products, NAFTA country end products, or Caribbean Basin end products.
(c) The Contractor agrees to deliver under this contract only
U.S. made end products unless, in its offer. It specified delivery of
qualifying country, designated country, NAFTA country, or
nondesignated country end products in the Buy American Act--Trade
Agreements--Balance of Payments Program Certificate provision.
(1) Offerors may not supply a nondesignated country end
product
00700-128
unless--
(i) It is a qualifying country end product, Caribbean Basin
country end product, or a NAFTA country end product;
(ii) The contracting Officer has determined that offers of
U.S. made end products or qualifying, designated, NAFTA, or
Caribbean Basin Country end products from responsive, responsible
offerors are either not received or are insufficient to fill the
Government's requirements; or
(iii) A national interest waiver has been granted under
section 302 of the Trade Agreements Act of 1979 (see FAR
2S.402(c)).
(2) An offer certifying that a qualifying country end product, a
designated country and product, a NAFTA country end product, or a
Caribbean Basin country end product will be supplied requires the
Contractor to supply a qualifying country end product, a designated
country end product, a NAFTA country end product, or a Caribbean Basin
country end product, whichever is certified, or, at the Contractor's
option, a U.S. made end product.
(d) The offered price of end products listed and certified under
paragraphs (c) (2) (i) and (vi) of the Buy American Act--Trade Agreements--
Balance of Payments Program Certificate provision of the solicitation must
include all applicable duty. The offered price of qualifying country end
products, designated country end products, NAFTA country end products, and
Caribbean Basin country end products for line items subject to the Trade
Agreements Act or the North American Free Trade Agreement Implementation
Act, should not include custom fees or duty.
(End of clause)
92 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (NOV 1995)
(a) The Contractor agrees to deliver under this contract only such of
the following articles that have been grown, reprocessed, reused, or
produced in the United States, its possessions, or Puerto Rico--
(1) Food;
(2) Clothing;
(3) Tents, tarpaulins, or covers;
(4) Cotton and other natural fiber products;
(5) Woven silk or woven silk blends;
(6) Spun silk yarn for cartridge cloth;
(7) Synthetic fabric, and coated synthetic fabric;
(8) Canvas products;
00700-129
(9) Wool (whether in the form of fiber or yarn or contained in
fabrics, materials, or manufactured articles); or
(10) Any item of individual equipment manufactured from or containing
such fibers, yarns, fabrics, or materials.
(b) This clause does not apply--
(1) To supplies listed in FAR 25.108(d)(1), or other supplies for
which the Government has determined that a satisfactory quality and
sufficient quantity cannot be acquired as and when needed at U.S. market
prices;
(2) To foods which have been manufactured or processed in the United
States, its possessions, or Puerto Rico;
(3) To chemical warfare protective clothing produced in the countries
listed in subsection 225.872-1 of the Defense FAR Supplement; or
(4) To commercial items or components purchased from subcontractors
or suppliers.
(End of clause)
93 252.225-7026 REPORTING OF CONTRACT PERFORMANCE OUTSIDE THE UNTIED STATES
(NOV 1995)
(a) Reporting criteria.
Reporting under this clause is required for--
(1) Offers exceeding $10 million, if the Offeror is aware at the time
the offer is submitted that it or its first-tier subcontractor intends to
perform any part of the contract that exceeds $500,000 outside the United
States and Canada, if that part could be performed inside the United
States or Canada;
(2) Contracts exceeding $10 million, when any part that exceeds
$500,000 could be performed inside the United States or Canada, but will
be performed outside the United States and Canada. If the information was
submitted with the offer, it need not be resubmitted unless it changes;
and
(3) Contracts exceeding $500,000, when any part that exceeds $25,000
will be performed outside the United States, unless a foreign place of
performance is--
(i) The principal place of performance; and
(ii) Indicated by the Offeror's entry in the Place of Performance
provision of the solicitation.
(b) Submission of reports.
(1) The Offeror shall submit reports required by paragraph (a)(1) of
this clause with its offer.
(2) The Contractor shall submit reports required by paragraph (a)(2)
of
00700-130
this clause to the Contracting Officer as soon as the information is known,
with a copy to the addressee in paragraph (b) (3) of this clause. With
respect to performance by a first-tier subcontractor, this information
shall be reported, to the maximum extent practicable, at least 30 days
before award of the subcontract.
(3) The Contractor shall submit reports required by paragraph (a) (3)
of this clause within 10 days of the end of each Government quarter to--
Deputy Director of Defense Procurement (Foreign Contracting)
OUSD (A&T) DP (FC)
Washington, DC 20301-3060
(4) The Offeror/Contractor shall submit reports on DD Form 2139,
Report of Contract Performance Outside the United States. Computer-
generated reports are acceptable, provided the report contains all
information required by DD Form 2139. Copies of DD Form 2139 may be
obtained from the Contracting Officer.
(c) Flowdown requirements.
(1) The Contractor shall include a clause substantially the same as
this one in all first-tier subcontracts exceeding $100,00, except
subcontracts for commercial items, construction, ores, natural gases,
utilities, petroleum products and crudes, timber (logs), or subsistence.
(2) The Contractor shall provide the prime contract number to
subcontractors for reporting purposes.
(d) Information required.
Information to be reported on the part of this contract performed
outside the United States (or outside the United States and Canada for
reports required by paragraphs (a) (1) and (a) (2) of this clause) includes
that for--
(i) Subcontracts;
(ii) Purchases; and
(iii) Intracompany transfers when transfers originate in a
foreign location.
(End of clause)
94 252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 1992)
(a) Definitions.
As used in this clause--
(1) "Foreign person" means any person other than a United States
person as defined in section 16(2) of the Export Administration Act of
1979 (50 U.S.C. App. Sec 2415).
00700-131
(2) "United States person" is defined in section 15(2) of the Export
Administration Act of 1979 and means any United States resident or
national (other than an individual resident outside the United States and
employed by other than a United States person), any domestic concern
(including any permanent domestic establishment of any foreign concern),
and any foreign subsidiary or affiliate (including any permanent foreign
establishment) of any domestic concern which is controlled in fact by
such domestic concern, as determined under regulations of the President.
(b) Certification.
By submitting this offer, the Offeror, if a foreign person, company or
entity, certifies that it--
(1) Does not comply with Secondary Arab Boycott of Israel; and
(2) Is not taking or knowingly agreeing to take any action, with
respect to the Secondary Boycott of Israel by Arab countries, which 50
U.S.C. App. Sec 2407(a) prohibits a United States person from taking.
(End of clause)
95 252.225-7036 NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION ACT (JAN
1994)
(a) Definitions.
(1) "Components," "domestic end product," "end product,"
"nonqualifying country," "qualifying country," and "qualifying country
end product" have the meanings given in the Buy American Act and
Balance of Payments Program clause of this contract.
(2) "North American Free Trade Agreement (NAFTA) country" means
Canada or Mexico.
(3) "NAFTA country end product" means an article that--
(i) Is wholly the growth, product, or manufacture of a NAFTA
country; or
(ii) Has, in the case of an article which consists in whole or
in part of materials from another country or instrumentality, been
substantially transformed in a NAFTA country into a new and
different article of commerce with a name, character, or use
distinct from that of the article or articles from which it was so
transformed. The term includes services (except transportation
services) incidental to its supply, provided that the value of those
incidental services does not exceed the value of the product itself.
It does not include service contracts as such
(4) "Non-NAFTA country end product" means any end product which is
not a U.S. trade end product or a NAFTA country end product.
00700-132
(5) "United States" means the United States, its designated
possessions, Puerto Rico, and any other place subject to its
jurisdiction, but does not include leased bases or trust territories.
(6) "U.S. made end product" means an article which is--
(i) Wholly the growth, product or manufacture of the United
States, or
(ii) In the case of an article which consists in whole or in
part of materials from another country or instrumentality, has
been substantially transformed in the United States into a new
and distinct article of commerce with a name, character, or use
distinct from that of the article or articles from which it was
so transformed.
(b) This clause implements the North American Free Trade Agreement
Implementation Act of 1993 by providing a preference for U.S. made end
products and NAFTA country end products over non-NAFTA country end
products, except non-NAFTA country end products which are qualifying
country end products.
(c) The Contractor agrees to deliver under this contract only U.S.
made end products unless, in its offer, it specified delivery of qualifying
country, NAFTA country, or non-NAFTA country end products in the Buy
American Act--North American Free Trade Agreement Implementation Act--
Balance of Payments Program Certificate provision. An offer certifying that
a qualifying country end product or a NAFTA country end product will be
supplied requires the Contractor to supply a qualifying country end product
or a NAFTA country end product, whichever is certified, or, at the
Contractor's option, a U.S. made end product.
(d) The offered price of end products listed and certified under
paragraphs (c) (2) (i) and (iv) of the Buy American Act--North American
Free Trade Agreement Implementation Act--Balance of Payments Program
Certificate provision of the solicitation must include all applicable duty.
The offered price of qualifying country end products or NAFTA country end
products for line items subject to the North American Free Trade Agreement
Implementation Act, should not include custom fees or duty.
(End of clause)
96 252.227-7000 NON-ESTOPPEL (OCT 1966)
The Government reserves the right at any time to contest the
enforceability, validity, scope of, or the title to any patent or patent
application herein licensed without waiving or forfeiting any right under
this contract.
00700-133
(End of clause)
97 252.227-7022 GOVERNMENT RIGHTS (UNLIMITED) (MAR 1979)
The Government shall have unlimited rights, in all drawings, designs,
specifications, notes and other works developed in the performance of this
contract, including the right to use same on any other Government design or
construction without additional compensation to the Contractor. The
Contractor hereby grants to the Government a paid-up license throughout
the world to all such works to which he may assert or establish any claim
under design patent or copyright laws. The Contractor for a period of
three (3) years after completion of the project agrees to furnish the
original or copies of all such works on the request of the Contracting
Officer.
(End of clause)
98 252.227-7023 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT
(MAR 1979)
All designs, drawings, specifications, notes and other works developed
in the performance of this contract shall become the sole property of the
Government and may be used on any other design or construction without
additional compensation to the Contractor. The Government shall be
considered the "person for whom the work was prepared" for the purpose of
authorship in any copyrightable work under 17 U.S.C. 201(b). With respect
thereto, the Contractor agrees not to assert or authorize others to assert
any rights nor establish any claim under the design patent or copyright
laws. The Contractor for a period of three (3) years after completion of
the project agrees to furnish all retained works on the request of the
Contracting Officer. Unless otherwise provided in this contract, the
Contractor shall have the right to retain copies of all works beyond such
period.
(End of clause)
99 252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966)
(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
00700-134
installation (i.e., form, fit, and attachment details) of materials or
equipment. The Government may duplicate, use, and disclosure 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)
100 252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)
When the allowability of costs under this contract is determined in
accordance with Part 31 of the Federal Acquisition Regulation (FAR),
allowability shall also be determined in accordance with Part 231 of the
Defense FAR Supplement, in effect on the date of this contract.
(End of clause)
101 252.232-7006 REDUCTION OR SUSPENSION OF CONTRACT PAYMENTS UPON FINDING
OF FRAUD (1992)
(a) 10 U.S.C. 2307(e) permits the head of the agency to reduce or suspend
further payments to the Contractor upon a written determination by the
agency head that substantial evidence exists that the Contractor's request
for advance, partial, or progress payments is based on fraud. The
provisions of 10 U.S.C. 2307(e) are in addition to any other rights or
remedies provided the Government by law or under contract.
(b) Actions taken by the Government in accordance with 10 U.S.C. 2307(e)
shall not constitute an excusable delay under the Default clause of this
contract or otherwise relieve the Contractor of its obligations to perform
under this contract.
(End of clause)
102 252.236-7000 MODIFICATION PROPOSALS -- PRICE BREAKDOWN (DEC 1991)
(a) The Contractor shall furnish a price breakdown, itemized as required
an within the time specified by the Contracting Officer, with any proposal
for a contract modification.
(b) The price breakdown--
(1) Must include sufficient detail to permit an analysis of profit,
and of all costs for--
00700-135
(i) Material;
(ii) Labor;
(iii) Equipment;
(iv) Subcontracts; and
(v) Overhead; and
(2) Must cover all work involved in the modification, whether the work
was deleted, added, or changed.
(c) The Contractor shall provide similar price breakdowns to support any
amounts claimed for subcontracts.
(d) The Contractor's proposal shall include a justification for any time
extension proposed.
(End of clause)
103 252.236-7008 CONTRACT PRICES--BIDDING SCHEDULES (DEC 1991)
(a) The Government's payment for the items listed in the Bidding Schedule
shall constitute full compensation to the Contractor for--
(1) Furnishing all plant, labor, equipment, appliances, and materials;
and
(2) Performing all operations required to complete the work in
conformity with the drawings and specifications.
(b) The contractor shall include in the prices for the items listed in
the Bidding schedule all costs for work in the specifications, whether or
not specifically listed in the Bidding Schedule.
(End of provision)
104 252.242-7000 POSTAWARD CONFERENCE (DEC 1991)
The Contractor agrees to attend any postaward conference convened by the
contracting activity or contract administration office in accordance with
Federal Acquisition Regulation Subpart 42.5.
(End of clause)
105 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
When costs are a factor in any price adjustment under this contract, the
contract costs principles and procedures in FAR Part 31 an DFARS Part 231,
in effect on the date of this contract, apply.
00700-136
(End of clause)
106 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (NOV 1995)
(a) The Contractor has indicated by the response to the solicitation
provision, Representation of Extent of Transportation by Sea, that it did
not anticipate transporting by sea any supplies. If, however, after the
award of this contract, the Contractor learns that supplies, as defined in
the Transportation of Supplies by Sea clause of this contract, will be
transported by sea, the Contractor--
(1) Small notify the Contracting Officer of that fact; and
(2) Hereby agrees to comply with all the terms and conditions of
the Transportation of Suppliers by Sea clause of this contract.
(b) The Contractor shall including this clause, including this
paragraph (b), revised as necessary to reflect the relationship of the
contracting parties, in all subcontracts hereunder, except (effective May
1, 1996) subcontracts for the acquisition of commercial items or
components.
(End of clause)
107 52.254-4 ALTERATIONS IN CONTRACT
Portions of this contract are altered as follows:
The Contractor's subcontracting plan is hereby included and made a material
part of this Contract pursuant to Contract Clause No. 14, "Small, Small
Disadvantaged and Women-Owned Small Business Subcontracting Plan (Alternate
I)" FAR 52.219-9.
00700-137
CONTRACT: 92235
===============
CC: PED, MDE
FILE: 92235
[LETTERHEAD OF DEPARTMENT OF THE ARMY APPEARS HERE]
[LOGO]
Pier 400 Project Office 06 April 1998
(97C0035-0028)
SUBJECT: Request for Proposal
Pier 400 Constructors
1925 Pier D Street
Long Beach, California 90802-1089
Gentlemen:
Reference Contract No. DACW09-97-C-0035, Stage 2, Port of Los Angeles, Pier
400 Deep Draft, Navigation Improvements, San Pedro Bay, Los Angeles County,
California.
You are hereby requested to furnish a detailed Cost Proposal to perform the
following scope of work:
Detailed cost breakdown for the Dredge "Florida" under the following
conditions:
1. Standby unit cost rate.
-------
2. Full operation unit cost rate to include various material
--------------
classifications,
3. Extended overhead rate
Your proposal, including a complete break down of costs and/or credits, is
to be submitted to the Project Engineer within ten (10) calendar days after
receipt of this letter. The break down of costs shall include labor, equipment,
overhead and profit for Pier 400 Constructors as well as any subcontractors.
The break-down must be in sufficient detail as required by the contract
clause entitled, "Modification of Proposals Price Break Down", to permit
comprehensive review of all materials, labor equipment, overhead costs, and
profit for all subcontractors costs as well as for the cost incurred by the
Prime Contractor.
For indentification purposes, reference the assigned Activity No. WN028 on
all correspondence regarding this matter. Should you have any questions
regarding this matter, contact this office.
Sincerely,
/s/ Julie A. Martinez,
Julie A. Martinez, P.E.
Contracting Officer's Representative
Copies Furnished:
LADO Contract Files (DACW09-97-C-0035)
Area Office Reader File
Resident Office Reader File
CESPL-CO-CM (Bert Romero)
CESPL-PM-C (Ted Gula)
Julie Martinez
Bob Garda
[LOGO] [LETTERHEAD OF DEPARTMENT OF THE ARMY]
MAY 12 1997
REPLY TO
ATTENTION OF:
Office of the Chief
Procurement Branch
Pier 400 Constructors
2122 York Road
Oak Brook, Illinois 60521
Gentlemen:
Transmitted for your information and files is an executed copy of Contract
No. DACW09-97-C-0035 for Stage 2, Port of Los Angeles, Pier 400 Deep Draft,
Navigation Improvements Los Angeles and Long Beach Harbors, San Pedro Bay, Los
Angeles County, California, in the amount of $141,485,450.00.
Enclosed are sample payroll forms setting forth the payroll information
required to be furnished weekly by you and your subcontractors, together with
instructions pertaining thereto. It is requested that you submit one copy only
each week to the Project Engineer. Should you use other types of payroll forms,
it is required that you attach DD Form 879, Statement of Compliance, to each
-----------------------
weekly submittal, an initial supply of which is enclosed. Additional copies of
these forms may be obtained on request by calling (213)452-3252.
Enclosed also is a copy of "Instructions to Contractor Relative to Labor
Provision of Contract." Additionally, we have enclosed a supply of SF Form 1413,
Statement and Acknowledgement, which is to be submitted to the Project Engineer
- -----------------------------
in accordance with Contract Clause entitled "Subcontractors."
Your attention is invited to the following:
a. The Contract Clause entitled "Superintendence by the Contractor." A
written designation of a foreman or superintendent stating his authority will be
furnished to the Contracting Officer, for approval, prior to the employment of
such foreman or superintendent.
b. Four (4) copies of each of the Performance and Payment Bonds are
forwarded to you with the delivery order. Please execute the original and two
(2) copies of each Bond, in accordance with instruction on the reverse side of
the Bonds and return directly to this office; and, in addition, observe the
instruction which require typewritten or printed names under all signatures to
the contract and bonds.
-2-
A copy of the Department of Labor minimum wage decision included in your
contract must be posted in a prominent and easily accessible place at the site
of work so that all pages thereof are visible to your employees along with WH
Publication 1321, "Notice to Employees", enclosed herewith.
The Contract Clause entitled "Display of Hotline Poster" requires you to
display DOD Hotline Posters (enclosed), if this contract is in the amount of $5
million or more, unless you have established an internal reporting mechanism
program.
Sincerely,
/s/ J. A. Eugino
J. A. Eugino
Contracting Officer
Enclosures
CF: Project Engineer, William Gallegos
DEFENSE
H O T L I N E
FOR FRAUD, WASTE,
ABUSE REPORTING
_______________________________________________________________________________
800/424-9098-toll free
_______________________________________________________________________________
223-5080-Autovon
_______________________________________________________________________________
693-5080-FTS
_______________________________________________________________________________
693-5080 Washington, D.C. Metro area.
_______________________________________________________________________________
OR WRITE:
DEFENSE HOTLINE
THE PENTAGON
WASHINGTON, D.C.
20301 - 1900
IDENTITIES OF WRITERS & CALLERS
FULLY PROTECTED
- ------------------------------------------------------------------------------------------------------------------------------------
DATE BOND EXECUTED (Must be same or later than date of
PERFORMANCE BOND contract) OMB No.: 9000-0045
(See instructions on reverse) Expires: 09/30/98
- ------------------------------------------------------------------------------------------------------------------------------------
Public reporting burden for this collection of information is estimated to average 25 minutes per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to the FAR Secretariat (MVR), Federal Acquisition Policy Division, GSA, Washington,
DC 20405
- ------------------------------------------------------------------------------------------------------------------------------------
PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)
Pier 400 Constructors
2122 York Road [_] INDIVIDUAL [_] PARTNERSHIP
Oak Brook, Illinois 60521 [X] JOINT VENTURE [_] CORPORATION
------------------------------------------------------
STATE OF INCORPORATION
- ------------------------------------------------------------------------------------------------------------------------------------
SURETY(IES) (Names(s) and business address(es) PENAL SUM OF BOND
------------------------------------------------------
MILLION(S) THOUSAND(S) HUNDRED(S) CENTS
141 485 450 00
------------------------------------------------------
CONTRACT DATE CONTRACT NO.
MAY 12 1997 DACW09-97-C-0035
- ------------------------------------------------------------------------------------------------------------------------------------
OBLIGATION:
We, the Principal and Surety(ies), are firmly bound to the United States of America (hereinafter called the Government) in the above
penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly
and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us. For all
other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the
name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.
CONDITIONS:
The Principal has entered into the contract identified above.
THEREFORE:
The above obligation is void if the Principal -
(a)(1) Performs and fulfills all the undertakings, covenants, terms, conditions, and agreements of the contract during the
original term of the contract and any extensions thereof that are granted by the Government, with or without notice to the
Surety(ies), and during the life of any guaranty required under the contract, and (2) performs and fulfills all the undertakings,
covenants, terms conditions, and agreements of any and all duly authorized modifications of the contract that hereafter are made.
Notice of those modifications to the Surety(ies) are waived.
(b) Pays to the Government the full amount of the taxes imposed by the Government, if the said contract is subject to the
Miller Act, (40 U.S.C. 270a-270e), which are collected, deducted, or withheld from wages paid by the Principal in carrying out the
construction contract with respect to which this bond is furnished.
WITNESS:
The Principal and Surety(ies) executed this performance bond and affixed their seals on the above date.
- ------------------------------------------------------------------------------------------------------------------------------------
PRINCIPAL
- ------------------------------------------------------------------------------------------------------------------------------------
1. 2. 3.
SIGNATURE(S)
(Seal) (Seal) (Seal) Corporate
- ------------------------------------------------------------------------------------------------------------ Seal
NAME(S) & 1. 2. 3.
TITLE(S)
(Typed)
- ------------------------------------------------------------------------------------------------------------------------------------
INDIVIDUAL SURETY(IES)
- ------------------------------------------------------------------------------------------------------------------------------------
1. 2.
SIGNATURE(S)
(Seal) (Seal)
- ------------------------------------------------------------------------------------------------------------------------------------
NAME(S) 1. 2.
(Typed)
- ------------------------------------------------------------------------------------------------------------------------------------
CORPORATE SURETY(IES)
- ------------------------------------------------------------------------------------------------------------------------------------
SURETY A
- ------------------------------------------------------------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- ------------------------------------------------------------------------------------------------------------
1. 2. Corporate
SIGNATURE(S) Seal
- ------------------------------------------------------------------------------------------------------------
NAME(S) & 1. 2.
TITLE(S)
(Typed)
- ------------------------------------------------------------------------------------------------------------------------------------
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 26 (REV. 5-98)
Previous edition not usable Prescribed by GSA-FAR (48 CFR) 63.228(b)
==============================================================================================================
CORPORATE SURETY(IES) (CONTINUED)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
B ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
C ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
D ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
E ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
F ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
G ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
----------------------------------------------
BOND RATE PER THOUSAND($) TOTAL($)
PREMIUM
----------------------------------------------
INSTRUCTIONS
1. This form is authorized for use in connection with Government contracts.
Any deviation from this form will require the written approval of the
Administrator of General Services.
2. Insert the full legal name and business address of the Principal in the
space designated "Principal" on the face of the form. An authorized person shall
sign the bond. Any person signing in a representative capacity (e.g., an
attorney-in-fact) must furnish evidence of authority if that representative is
not a member of the firm, partnership, or joint venture, or an officer of the
corporation involved.
3. (a) Corporations executing the bond as sureties must appear on the
Department of the Treasury's list of approved sureties and must act within
the limitation listed therein. Where more than one corporate surety is involved,
their names and addresses shall appear in the spaces (Surety A, Surety B, etc.)
headed "CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the
face of the form, insert only the letter identification of the sureties.
(b) Where individual sureties are involved, a completed Affidavit of
Individual Surety (Standard Form 28) for each individual surety, shall accompany
the bond. The Government may require the surety to furnish additional
substantiating information concerning their financial capability.
4. Corporations executing the bond shall affix their corporate seals.
Individuals shall execute the bond opposite the word "Corporate Seal" and shall
affix an adhesive seal if executed in Maine, New Hampshire, or any other
jurisdiction requiring adhesive seals.
5. Type the name and title of each person signing this bond in the space
provided.
================================================================================
STANDARD FORM 25 (REV.5-96) BACK
===================================================================================================================================
PERFORMANCE BOND DATE BOND EXECUTED (Must be same or later than date of contract) OMB No.: 9000-0045
(SEE INSTRUCTIONS ON REVERSE) Expires: 09/30/98
- -----------------------------------------------------------------------------------------------------------------------------------
Public reporting burden for this collection of information is estimated to average 25 minutes per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to the FAR Secretariat (MVR), Federal Acquisition Policy Division,
GSA, Washington, DC 20405
- -----------------------------------------------------------------------------------------------------------------------------------
PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)
Pier 400 Constructors [_] INDIVIDUAL [_] PARTNERSHIP
2122 York Road
Oak Brook, Illinois 60521 [X] JOINT VENTURE [_] CORPORATION
--------------------------------------------
STATE OF INCORPORATION
- -----------------------------------------------------------------------------------------------------------------------------------
SURETY(IES) (Name(s) and business address(es) PENAL SUM OF BOND
--------------------------------------------
MILLION(S) THOUSAND(S) HUNDRED(S) CENTS
141 485 450 00
--------------------------------------------
CONTRACT DATE CONTRACT NO.
MAY 12 1997 DACW09-97-C-0035
===================================================================================================================================
OBLIGATION:
We, the Principal and Surety(ies), are firmly bound to the United States of America (hereinafter called the Government) in the
above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly
and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum
"jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of
us. For all purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite
the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.
CONDITIONS:
The Principal has entered into the contract identified above.
THEREFORE:
The above obligation is void if the Principal -
(a)(1) Performs and fulfills all the undertakings, covenants, terms, conditions, and agreements of the contract during the
original term of the contract and any extensions thereof that are granted by the Government, with or without notice to the
Surety(ies), and during the life of any guaranty required under the contract, and (2) performs and fulfills all the undertakings,
covenants, terms, conditions, and agreement of any and all duly authorized modifications of the contract that hereafter are made.
Notice of those modifications to the Surety(ies) are waived.
(b) Pays to the Government the full amount of the taxes imposed by the Government, if the said contract is subject to
the Miller Act, (40 U.S.C. 270a-270e), which are collected, deducted, or withheld from wages paid by the Principal in carrying
out the construction contract with respect to which this bond is furnished.
WITNESS:
The Principal and Surety(ies) executed this performance bond and affixed their seals on the above date.
===================================================================================================================================
PRINCIPAL
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2. 3.
SIGNATURE(S)
(Seal) (Seal) (Seal) Corporate
- -----------------------------------------------------------------------------------------------------------------------
1. 2. 3. Seal
NAME(S) &
TITLE(S)
(Typed)
===================================================================================================================================
INDIVIDUAL SURETY(IES)
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2.
SIGNATURE(S)
(Seal) (Seal)
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2.
NAME(S)
(Typed)
===================================================================================================================================
CORPORATE SURETY(IES)
- -----------------------------------------------------------------------------------------------------------------------------------
STATE OF INC. LIABILITY LIMIT
SURETY A NAME &
ADDRESS $
------------------------------------------------------------------------------------------------------------
1. 2. Corporate
SIGNATURE(S) Seal
------------------------------------------------------------------------------------------------------------
NAME(S) & 1. 2.
TITLE(S)
(Typed)
===================================================================================================================================
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 25 (REV. 5-96)
Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53.228(b)
==============================================================================================================
CORPORATE SURETY(IES) (CONTINUED)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
B ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
C ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
D ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
E ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
F ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
G ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
----------------------------------------------
BOND RATE PER THOUSAND($) TOTAL($)
PREMIUM
----------------------------------------------
INSTRUCTIONS
1. This form is authorized for use in connection with Government contracts.
Any deviation from this form will require the written approval of the
Administrator of General Services.
2. Insert the full legal name and business address of the Principal in the
space designated "Principal" on the face of the form. An authorized person shall
sign the bond. Any person signing in a representative capacity (e.g., an
attorney-in-fact) must furnish evidence of authority if that representative is
not a member of the firm, partnership, or joint venture, or an officer of the
corporation involved.
3. (a) Corporations executing the bond as sureties must appear on the
Department of the Treasury's list of approved sureties and must act within
the limitation listed therein. Where more than one corporate surety is involved,
their names and addresses shall appear in the spaces (Surety A, Surety B, etc.)
headed "CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the
face of the form, insert only the letter identification of the sureties.
(b) Where individual sureties are involved, a completed Affidavit of
Individual Surety (Standard Form 28) for each individual surety, shall accompany
the bond. The Government may require the surety to furnish additional
substantiating information concerning their financial capability.
4. Corporations executing the bond shall affix their corporate seals.
Individuals shall execute the bond opposite the word "Corporate Seal" and shall
affix an adhesive seal if executed in Maine, New Hampshire, or any other
jurisdiction requiring adhesive seals.
5. Type the name and title of each person signing this bond in the space
provided.
================================================================================
STANDARD FORM 25 (REV.5-96) BACK
===================================================================================================================================
PERFORMANCE BOND DATE BOND EXECUTED (Must be same or later than date of contract) OMB No.: 9000-0045
(SEE INSTRUCTIONS ON REVERSE) Expires: 09/30/98
- -----------------------------------------------------------------------------------------------------------------------------------
Public reporting burden for this collection of information is estimated to average 25 minutes per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to the FAR Secretariat (MVR), Federal Acquisition Policy Division,
GSA, Washington, DC 20405
- -----------------------------------------------------------------------------------------------------------------------------------
PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)
Pier 400 Constructors [_] INDIVIDUAL [_] PARTNERSHIP
2122 York Road
Oak Brook, Illinois 60521 [X] JOINT VENTURE [_] CORPORATION
--------------------------------------------
STATE OF INCORPORATION
- -----------------------------------------------------------------------------------------------------------------------------------
SURETY(IES) (Name(s) and business address(es) PENAL SUM OF BOND
--------------------------------------------
MILLION(S) THOUSAND(S) HUNDRED(S) CENTS
141 485 450 00
--------------------------------------------
CONTRACT DATE CONTRACT NO.
MAY 12 1997 DACW09-97-C-0035
===================================================================================================================================
OBLIGATION:
We, the Principal and Surety(ies), are firmly bound to the United States of America (hereinafter called the Government) in the
above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly
and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum
"jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of
us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown
opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.
CONDITIONS:
The Principal has entered into the contract identified above.
THEREFORE:
The above obligation is void if the Principal -
(a)(1) Performs and fulfills all the undertakings, covenants, terms, conditions, and agreements of the contract during the
original term of the contract and any extensions thereof that are granted by the Government, with or without notice to the
Surety(ies), and during the life of any guaranty required under the contract, and (2) performs and fulfills all the undertakings,
covenants, terms, conditions, and agreements of any and all duly authorized modifications of the contract that hereafter are made.
Notice of those modifications to the to the Surety(ies) are waived.
(b) Pays to the Government the full amount of the taxes imposed by the Government, if the said contract is subject to
the Miller Act, (40 U.S.C. 270a-270e), which are collected, deducted, or withheld from wages paid by the Principal in carrying
out the construction contract with respect to which this bond is furnished.
WITNESS:
The Principal and Surety(ies) executed, this performance bond and affixed their seals on the above date.
===================================================================================================================================
PRINCIPAL
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2. 3.
SIGNATURE(S)
(Seal) (Seal) (Seal) Corporate
- -----------------------------------------------------------------------------------------------------------------------
1. 2. 3. Seal
NAME(S) &
TITLE(S)
(Typed)
===================================================================================================================================
INDIVIDUAL SURETY(IES)
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2.
SIGNATURE(S)
(Seal) (Seal)
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2.
NAME(S)
(Typed)
===================================================================================================================================
CORPORATE SURETY(IES)
- -----------------------------------------------------------------------------------------------------------------------------------
STATE OF INC. LIABILITY LIMIT
SURETY A NAME &
ADDRESS $
------------------------------------------------------------------------------------------------------------
1. 2. Corporate
SIGNATURE(S) Seal
------------------------------------------------------------------------------------------------------------
NAME(S) & 1. 2.
TITLE(S)
(Typed)
===================================================================================================================================
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 25 (REV. 5-96)
Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53.228(b)
==============================================================================================================
CORPORATE SURETY(IES) (CONTINUED)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
B ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
C ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
D ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
E ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
F ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
G ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
----------------------------------------------
BOND RATE PER THOUSAND($) TOTAL($)
PREMIUM
----------------------------------------------
INSTRUCTIONS
1. This form is authorized for use in connection with Government contracts.
Any deviation from this form will require the written approval of the
Administrator of General Services.
2. Insert the full legal name and business address of the Principal in the
space designated "Principal" on the face of the form. An authorized person shall
sign the bond. Any person signing in a representative capacity (e.g., an
attorney-in-fact) must furnish evidence of authority if that representative is
not a member of the firm, partnership, or joint venture, or an officer of the
corporation involved.
3. (a) Corporations executing the bond as sureties must appear on the
Department of the Treasury's list of approved sureties and must act within
the limitation listed therein. Where more than one corporate surety is involved,
their names and addresses shall appear in the spaces (Surety A, Surety B, etc.)
headed "CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the
face of the form, insert only the letter identification of the sureties.
(b) Where individual sureties are involved, a completed Affidavit of
Individual Surety (Standard Form 28) for each individual surety, shall accompany
the bond. The Government may require the surety to furnish additional
substantiating information concerning their financial capability.
4. Corporations executing the bond shall affix their corporate seals.
Individuals shall execute the bond opposite the word "Corporate Seal" and shall
affix an adhesive seal if executed in Maine, New Hampshire, or any other
jurisdiction requiring adhesive seals.
5. Type the name and title of each person signing this bond in the space
provided.
================================================================================
STANDARD FORM 25 (REV.5-96) BACK
===================================================================================================================================
PERFORMANCE BOND DATE BOND EXECUTED (Must be same or later than date of contract) OMB No.: 9000-0045
(SEE INSTRUCTIONS ON REVERSE) Expires: 09/30/98
- -----------------------------------------------------------------------------------------------------------------------------------
Public reporting burden for this collection of information is estimated to average 25 minutes per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to the FAR Secretariat (MVR), Federal Acquisition Policy Division,
GSA, Washington, DC 20405
- -----------------------------------------------------------------------------------------------------------------------------------
PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)
Pier 400 Constructors [_] INDIVIDUAL [_] PARTNERSHIP
2122 York Road
Oak Brook, Illinois 60521 [X] JOINT VENTURE [_] CORPORATION
--------------------------------------------
STATE OF INCORPORATION
- -----------------------------------------------------------------------------------------------------------------------------------
SURETY(IES) (Name(s) and business address(es) PENAL SUM OF BOND
--------------------------------------------
MILLION(S) THOUSAND(S) HUNDRED(S) CENTS
141 485 450 00
--------------------------------------------
CONTRACT DATE CONTRACT NO.
MAY 12 1997 DACW09-97-C-0035
===================================================================================================================================
OBLIGATION:
We, the Principal and Surety(ies), are firmly bound to the United States of America (hereinafter called the Government) in the
above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly
and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum
"jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of
us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown
opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.
CONDITIONS:
The Principal has entered into the contract identified above.
THEREFORE:
The above obligation is void if the Principal -
(a)(1) Performs and fulfills all the undertakings, covenants, terms, conditions, and agreements of the contract during the
original term of the contract and any extensions thereof that are granted by the Government, with or without notice to the
Surety(ies), and during the life of any guaranty required under the contract, and (2) performs and fulfills all the undertakings,
covenants, terms, conditions, and agreement of any and all duly authorized modifications of the contract that hereafter are made.
Notice of those modifications to the Surety(ies) are waived.
(b) Pays to the Government the full amount of the taxes imposed by the Government, if the said contract is subject to
the Miller Act, (40 U.S.C. 270a-270e), which are collected, deducted, or withheld from wages paid by the Principal in carrying
out the construction contract with respect to which this bond is furnished.
WITNESS:
The Principal and Surety(ies) executed, this performance bond and affixed their seals on the above date.
===================================================================================================================================
PRINCIPAL
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2. 3.
SIGNATURE(S)
(Seal) (Seal) (Seal) Corporate
- -----------------------------------------------------------------------------------------------------------------------
1. 2. 3. Seal
NAME(S) &
TITLE(S)
(Typed)
===================================================================================================================================
INDIVIDUAL SURETY(IES)
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2.
SIGNATURE(S)
(Seal) (Seal)
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2.
NAME(S)
(Typed)
===================================================================================================================================
CORPORATE SURETY(IES)
- -----------------------------------------------------------------------------------------------------------------------------------
STATE OF INC. LIABILITY LIMIT
SURETY A NAME &
ADDRESS $
------------------------------------------------------------------------------------------------------------
1. 2. Corporate
SIGNATURE(S) Seal
------------------------------------------------------------------------------------------------------------
NAME(S) & 1. 2.
TITLE(S)
(Typed)
===================================================================================================================================
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 25 (REV. 5-96)
Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53.228(b)
==============================================================================================================
CORPORATE SURETY(IES) (CONTINUED)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
B ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
C ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
D ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
E ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
F ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
SURETY NAME & STATE OF INC. LIABILITY LIMIT
G ADDRESS $
- --------------------------------------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
Seal
- --------------------------------------------------------------------------------------------------------------
NAME(S) 2.
TITLES(S)
(Typed)
- --------------------------------------------------------------------------------------------------------------
----------------------------------------------
BOND RATE PER THOUSAND($) TOTAL($)
PREMIUM
----------------------------------------------
INSTRUCTIONS
1. This form is authorized for use in connection with Government contracts.
Any deviation from this form will require the written approval of the
Administrator of General Services.
2. Insert the full legal name and business address of the Principal in the
space designated "Principal" on the face of the form. An authorized person shall
sign the bond. Any person signing in a representative capacity (e.g., an
attorney-in-fact) must furnish evidence of authority if that representative is
not a member of the firm, partnership, or joint venture, or an officer of the
corporation involved.
3. (a) Corporations executing the bond as sureties must appear on the
Department of the Treasury's list of approved sureties and must act within
the limitation listed therein. Where more than one corporate surety is involved,
their names and addresses shall appear in the spaces (Surety A, Surety B, etc.)
headed "CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the
face of the form, insert only the letter identification of the sureties.
(b) Where individual sureties are involved, a completed Affidavit of
Individual Surety (Standard Form 28) for each individual surety, shall accompany
the bond. The Government may require the surety to furnish additional
substantiating information concerning their financial capability.
4. Corporations executing the bond shall affix their corporate seals.
Individuals shall execute the bond opposite the word "Corporate Seal" and shall
affix an adhesive seal if executed in Maine, New Hampshire, or any other
jurisdiction requiring adhesive seals.
5. Type the name and title of each person signing this bond in the space
provided.
================================================================================
STANDARD FORM 25 (REV.5-96) BACK
===================================================================================================================================
PAYMENT BOND DATE BOND EXECUTED (Must be same or later than date of contract) FORM APPROVED
(see instructions on reverse) OMB No.: 9000-0045
- -----------------------------------------------------------------------------------------------------------------------------------
Public reporting burden for this collection of information is estimated to average 25 minutes per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to the FAR Secretariat (MVR), Office of Federal Acquisition
Policy GSA, Washington, DC 20405: and to the Office of Management and Budget. Paperwork Reduction Project (8000-004?^). Washington,
D.C. 20503.
- -----------------------------------------------------------------------------------------------------------------------------------
PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)
Pier 400 Constructors [_] INDIVIDUAL [_] PARTNERSHIP
2122 York Road
Oak Brook, Illinois 60521 [X] JOINT VENTURE [_] CORPORATION
--------------------------------------------
STATE OF INCORPORATION
- -----------------------------------------------------------------------------------------------------------------------------------
SURETY(IES) (Name(s) and business address(es) PENAL SUM OF BOND
--------------------------------------------
MILLION(S) THOUSAND(S) HUNDRED(S) CENTS
2 500 000 00
--------------------------------------------
CONTRACT DATE CONTRACT NO.
MAY 12 1997 DACW09-97-C-0035
===================================================================================================================================
OBLIGATION:
We, the Principal and Surety(ies), are firmly bound to the United States of America (hereinafter called the Government) in the
above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly
and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum
"jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of
us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown
opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.
CONDITIONS:
The above obligation is void if the Principal promptly makes payment to all persons having a direct relationship with the
Principal or a subcontractor of the Principal for furnishing labor, material or both in the prosecution of the work provided for
in the contract indentified above, and any authorized modifications of the contract that subsequently are made. Motice of those
modifications to the Surety(ies) are waived.
WITNESS:
The Principal and Surety(ies) executed, this payment bond and affixed their seals on the above date.
===================================================================================================================================
PRINCIPAL
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2. 3.
SIGNATURE(S)
(Seal) (Seal) (Seal) Corporate
- -----------------------------------------------------------------------------------------------------------------------
1. 2. 3. Seal
NAME(S) &
TITLE(S)
(Typed)
===================================================================================================================================
INDIVIDUAL SURETY(IES)
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2.
SIGNATURE(S)
(Seal) (Seal)
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2.
NAME(S)
(Typed)
===================================================================================================================================
CORPORATE SURETY(IES)
- -----------------------------------------------------------------------------------------------------------------------------------
STATE OF INC. LIABILITY LIMIT
SURETY A NAME &
ADDRESS $
------------------------------------------------------------------------------------------------------------
1. 2. Corporate
SIGNATURE(S) Seal
------------------------------------------------------------------------------------------------------------
NAME(S) & 1. 2.
TITLE(S)
(Typed)
===================================================================================================================================
NSN 4340-01-152-8061 EXPIRATION DATE 12-31-82 25-205 STANDARD FORM 25-A (REV. 1-??^)
Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53.228(b)
- ----------------------------------------------------------------------------------------------------------
CORPORATE SURETY(IES) (Continued)
- ----------------------------------------------------------------------------------------------------------
SURETY B SURETY C SURETY D SURETY E SURETY F SURETY G
- --------------------------------------------------------------------------------
NAME & 1. STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- --------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
INSTRUCTIONS
1. This form, for the protection of persons supplying labor and material, is
used when a payment bond is required under the Act of August 24, 1935, 49 Stat.
793 (40 U.S.C. 270a-270e). Any deviation from this form will require the written
approval of the Administrator of General Services.
2. Insert the full legal name and business address of the Principal in the
space designated "Principal" on the face of the form. An authorized person shall
sign the bond. Any person signing in a representative capacity (e.g., an
attorney-in-fact) must furnish evidence of authority if that representative is
not a member of the firm, partnership or joint venture, or an officer of the
corporation involved.
3. (a) Corporations executing the bond as sureties must appear on the Department
of the Treasury's list of approved sureties and must act within the limitation
listed therein. Where more than one corporate surety is involved, their names
and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed
CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the face of the
form, insert only the letter identification of the sureties.
(b) Where individual sureties are involved, a completed Affidavit of
Individual Surety (Standard Form 28) for each individual surety, shall accompany
the bond. The Government may require the surety to furnish additional
substantiating information concerning their financial capability.
4. Corporations executing thee bond shall affix their corporate seals.
Individuals shall execute the bond opposite the word "Corporate Seal", and
shall affix an adhesive seal if executed in Maine, New Hampshire, or any other
jurisdiction requiring adhesive seals.
5. Type the name and title of each person signing this bond in the space
provided.
- -------------------------------------------------------------------------------
===================================================================================================================================
PERFORMANCE BOND DATE BOND EXECUTED (Must be same or later than date of contract) FORM APPROVED
(see instructions on reverse) OMB No.: 9000-0045
- -----------------------------------------------------------------------------------------------------------------------------------
Public reporting burden for this collection of information is estimated to average 25 minutes per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to the FAR Secretariat (VRS), Office of Federal Acquisition Policy
Division, GSA, Washington, DC 20405: One to the Office of Management and Budget. Paperwork Reduction Project (9000-0045). Washington
D.C. 20503.
- -----------------------------------------------------------------------------------------------------------------------------------
PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)
Pier 400 Constructors [_] INDIVIDUAL [_] PARTNERSHIP
2122 York Road
Oak Brook, Illinois 60521 [X] JOINT VENTURE [_] CORPORATION
--------------------------------------------
STATE OF INCORPORATION
- -----------------------------------------------------------------------------------------------------------------------------------
SURETY(IES) (Name(s) and business address(es) PENAL SUM OF BOND
--------------------------------------------
MILLION(S) THOUSAND(S) HUNDRED(S) CENTS
2 500 000 00
--------------------------------------------
CONTRACT DATE CONTRACT NO.
MAY 12 1997 DACW09-97-C-0035
===================================================================================================================================
OBLIGATION:
We, the Principal and Surety(ies), are firmly bound to the United States of America (hereinafter called the Government) in the
above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly
and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum
"jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of
us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown
opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.
CONDITIONS:
The above obligation is void if the Principal promptly makes payment to all persons having a direct relationship with the
Principal or a subcontractor of the Principal for furnishing labor, material or both in the prosecution of the work provided for
in the contract indentified above, and any authorized modifications of the contract that subsequently are made. Notice of those
modifications to the Surety(ies) are waived.
WITNESS:
The Principal and Surety(ies) executed, this payment bond and affixed their seals on the above date.
===================================================================================================================================
PRINCIPAL
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2. 3.
SIGNATURE(S)
(Seal) (Seal) (Seal) Corporate
- -----------------------------------------------------------------------------------------------------------------------
1. 2. 3. Seal
NAME(S) &
TITLE(S)
(Typed)
===================================================================================================================================
INDIVIDUAL SURETY(IES)
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2.
SIGNATURE(S)
(Seal) (Seal)
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2.
NAME(S)
(Typed)
===================================================================================================================================
CORPORATE SURETY(IES)
- -----------------------------------------------------------------------------------------------------------------------------------
STATE OF INC. LIABILITY LIMIT
SURETY A NAME &
ADDRESS $
------------------------------------------------------------------------------------------------------------
1. 2. Corporate
SIGNATURE(S) Seal
------------------------------------------------------------------------------------------------------------
NAME(S) & 1. 2.
TITLE(S)
(Typed)
===================================================================================================================================
NSN 4340-01-152-8081 EXPIRATION DATE 12-31-92 25-205 STANDARD FORM 25-A (REV. 1-??)
Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53.228(b)
- ----------------------------------------------------------------------------------------------------------
CORPORATE SURETY(IES) (Continued)
- ----------------------------------------------------------------------------------------------------------
SURETY B SURETY C SURETY D SURETY E SURETY F SURETY G
- --------------------------------------------------------------------------------
NAME & 1. STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- --------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
INSTRUCTIONS
1. This form, for the protection of persons supplying labor and material, is
used when a payment bond is required under the Act of August 24, 1935, 49 Stat.
793 (40 U.S.C. 270a-270e). Any deviation from this form will require the written
approval of the Administrator of General Services.
2. Insert the full legal name and business address of the Principal in the
space designated "Principal" on the face of the form. An authorized person shall
sign the bond. Any person signing in a representative capacity (e.g., an
attorney-in-fact) must furnish evidence of authority if that representative is
not a member of the firm, partnership or joint venture, or an officer of the
corporation involved.
3. (a) Corporations executing the bond as sureties must appear on the Department
of the Treasury's list of approved sureties and must act within the limitation
listed therein. Where more than on corporate surety is involved, their names and
addresses shall appear in the spaces (Surety A, Surety B, etc.) headed
CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the face of the
form, insert only the letter identification of the sureties.
(b) Where individual sureties are involved, a completed Affidavit of
individual Surety (Standard Form 28) for each individual surety, shall accompany
the bond. The Government may require the surety to furnish additional
substantiating information concerning their financial capability.
4. Corporations executing thee bond shall affix their corporate seals.
Individuals shall execute the bond opposite the word "Corporate Seal", and shall
affix an adhesive seal if executed in Maine, New Hampshire, or any other
jurisdiction requiring adhesive seals.
5. Type the name and title of each person signing this bond in the space
provided.
- --------------------------------------------------------------------------------
===================================================================================================================================
PAYMENT BOND DATE BOND EXECUTED (Must be same or later than date of contract) FORM APPROVED
(see instructions on reverse) OMB No.: 9000-0045
- -----------------------------------------------------------------------------------------------------------------------------------
Public reporting burden for this collection of information is estimated to average 25 minutes per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to the FAR Secretariat (VRS), Federal Office of Acquisition Policy
Division, GSA, Washington, DC 20405: and to the Office of Management and Budget, Paperwork Reduction Project (9000-0045).
Washington, D.C. 20503.
- -----------------------------------------------------------------------------------------------------------------------------------
PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)
Pier 400 Constructors [_] INDIVIDUAL [_] PARTNERSHIP
2122 York Road
Oak Brook, Illinois 60521 [X] JOINT VENTURE [_] CORPORATION
--------------------------------------------
STATE OF INCORPORATION
- -----------------------------------------------------------------------------------------------------------------------------------
SURETY(IES) (Name(s) and business address(es)) PENAL SUM OF BOND
--------------------------------------------
MILLION(S) THOUSAND(S) HUNDRED(S) CENTS
2 500 000 00
--------------------------------------------
CONTRACT DATE CONTRACT NO.
MAY 12 1997 DACW09-97-C-0035
===================================================================================================================================
OBLIGATION:
We, the Principal and Surety(ies), are firmly bound to the United States of America (hereinafter called the Government) in the
above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly
and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum
"jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of
us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown
opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.
CONDITIONS:
The above obligation is void if the Principal promptly makes payment to all persons having a direct relationship with the
Principal or a subcontractor of the Principal for furnishing labor, material or both in the prosecution of the work provided for
in the contract indentified above, and any authorized modifications of the contract that subsequently are made. Notice of those
modifications to the Surety(ies) are waived.
WITNESS:
The Principal and Surety(ies) executed, this performance bond and affixed their seals on the above date.
===================================================================================================================================
PRINCIPAL
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2. 3.
SIGNATURE(S)
(Seal) (Seal) (Seal) Corporate
- -----------------------------------------------------------------------------------------------------------------------
1. 2. 3. Seal
NAME(S) &
TITLE(S)
(Typed)
===================================================================================================================================
INDIVIDUAL SURETY(IES)
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2.
SIGNATURE(S)
(Seal) (Seal)
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2.
NAME(S)
(Typed)
===================================================================================================================================
CORPORATE SURETY(IES)
- -----------------------------------------------------------------------------------------------------------------------------------
STATE OF INC. LIABILITY LIMIT
SURETY A NAME &
ADDRESS $
------------------------------------------------------------------------------------------------------------
1. 2. Corporate
SIGNATURE(S) Seal
------------------------------------------------------------------------------------------------------------
NAME(S) & 1. 2.
TITLE(S)
(Typed)
===================================================================================================================================
NSN 4340-01-152-8081 EXPIRATION DATE 12-31-92 25-205 STANDARD FORM 25-A (REV. 1-??)^
Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53.228(b)
- ----------------------------------------------------------------------------------------------------------
CORPORATE SURETY(IES) (Continued)
- ----------------------------------------------------------------------------------------------------------
SURETY B SURETY C SURETY D SURETY E SURETY F SURETY G
- --------------------------------------------------------------------------------
NAME & 1. STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- --------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
INSTRUCTIONS
1. This form, for the protection of persons supplying labor and material, is
used when a payment bond is required under the Act of August 24, 1935, 49 Stat.
793 (40 U.S.C. 270a-270e). Any deviation from this form will require the written
approval of the Administrator of General Services.
2. Insert the full legal name and business address of the Principal in the
space designated "Principal" on the face of the form. An authorized person shall
sign the bond. Any person signing in a representative capacity (e.g., an
attorney-in-fact) must furnish evidence of authority if that representative is
not a member of the firm, partnership or joint venture, or an officer of the
corporation involved.
3. (a) Corporations executing the bond as sureties must appear on the Department
of the Treasury's list of approved sureties and must act within the limitation
listed therein. Where more than on corporate surety is involved, their names and
addresses shall appear in the spaces (Surety A, Surety B, etc.) headed
CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the face of the
form, insert only the letter identification of the sureties.
(b) Where individual sureties are involved, a completed Affidavit of
individual Surety (Standard Form 28) for each individual surety, shall accompany
the bond. The Government may require the surety to furnish additional
substantiating information concerning their financial capability.
4. Corporations executing thee bond shall affix their corporate seals.
Individuals shall execute the bond opposite the word "Corporate Seal", and
shall affix an adhesive seal if executed in Maine, New Hampshire, or any other
jurisdiction requiring adhesive seals.
5. Type the name and title of each person signing this bond in the space
provided.
- --------------------------------------------------------------------------------
===================================================================================================================================
PAYMENT BOND DATE BOND EXECUTED (Must be same or later than date of contract) FORM APPROVED
(see instructions on reverse) OMB No.: 9000-0045
- -----------------------------------------------------------------------------------------------------------------------------------
Public reporting burden for this collection of information is estimated to average 25 minutes per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to the FAR Secretariat (VRS), Office of Federal Acquisition Policy,
Washington, DC 20405 one to the Office of Management and Budget. Paperwork Reduction Pro??^:(9000-0045). Washington D.C. 20502.
- -----------------------------------------------------------------------------------------------------------------------------------
PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)
Pier 400 Constructors [_] INDIVIDUAL [_] PARTNERSHIP
2122 York Road
Oak Brook, Illinois 60521 [X] JOINT VENTURE [_] CORPORATION
--------------------------------------------
STATE OF INCORPORATION
- -----------------------------------------------------------------------------------------------------------------------------------
SURETY(IES) (Name(s) and business address(es) PENAL SUM OF BOND
--------------------------------------------
MILLION(S) THOUSAND(S) HUNDRED(S) CENTS
2 500 000 00
--------------------------------------------
CONTRACT DATE CONTRACT NO.
MAY 12 1997 DACW09-97-C-0035
===================================================================================================================================
OBLIGATION:
We, the Principal and Surety(ies), are firmly bound to the United States of America (hereinafter called the Government) in the
above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly
and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum
"jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of
us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown
opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.
CONDITIONS:
The above obligation is void if the Principal promptly makes payment to all persons having a direct relationship with the
Principal or a subcontractor of the Principal for furnishing labor, material or both in the prosecution of the work provided for
in the contract indentified above, and any authorized modifications of the contract that subsequently are made. Notice of those
modifications to the Surety(ies) are waived.
WITNESS:
The Principal and Surety(ies) executed, this payment bond and affixed their seals on the above date.
===================================================================================================================================
PRINCIPAL
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2. 3.
SIGNATURE(S)
(Seal) (Seal) (Seal) Corporate
- -----------------------------------------------------------------------------------------------------------------------
1. 2. 3. Seal
NAME(S) &
TITLE(S)
(Typed)
===================================================================================================================================
INDIVIDUAL SURETY(IES)
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2.
SIGNATURE(S)
(Seal) (Seal)
- -----------------------------------------------------------------------------------------------------------------------------------
1. 2.
NAME(S)
(Typed)
===================================================================================================================================
CORPORATE SURETY(IES)
- -----------------------------------------------------------------------------------------------------------------------------------
STATE OF INC. LIABILITY LIMIT
SURETY A NAME &
ADDRESS $
------------------------------------------------------------------------------------------------------------
1. 2. Corporate
SIGNATURE(S) Seal
------------------------------------------------------------------------------------------------------------
NAME(S) & 1. 2.
TITLE(S)
(Typed)
===================================================================================================================================
NSN 4340-01-152-8081 EXPIRATION DATE 12-31-82 25-205 STANDARD FORM 25-A (REV. 1-??)
Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53.228(b)
- ----------------------------------------------------------------------------------------------------------
CORPORATE SURETY(IES) (Continued)
- ----------------------------------------------------------------------------------------------------------
SURETY B SURETY C SURETY D SURETY E SURETY F SURETY G
- --------------------------------------------------------------------------------
NAME & 1. STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- --------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
NAME & STATE OF INC. LIABILITY LIMIT
ADDRESS $
- --------------------------------------------------------------------------------
SIGNATURE(S) 2. Corporate
- -------------------------------------------------------------------------------- Seal
NAME(S) & 1. 2.
TITLE(S)
Type(s)
- ----------------------------------------------------------------------------------------------------------
INSTRUCTIONS
1. This form, for the protection of persons supplying labor and material, is
used when a payment bond is required under the Act of August 24, 1935, 49 Stat.
793 (40 U.S.C. 270a-270e). Any deviation from this form will require the written
approval of the Administrator of General Services.
2. Insert the full legal name and business address of the Principal in the
space designated "Principal" on the face of the form. An authorized person shall
sign the bond. Any person signing in a representative capacity (e.g., an
attorney-in-fact) must furnish evidence of authority if that representative is
not a member of the firm, partnership or joint venture, or an officer of the
corporation involved.
3. (a) Corporations executing the bond as sureties must appear on the Department
of the Treasury's list of approved sureties and must act within the limitation
listed therein. Where more than on corporate surety is involved, their names and
addresses shall appear in the spaces (Surety A, Surety B, etc.) headed
CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the face of the
form, insert only the letter identification of the sureties.
(b) Where individual sureties are involved, a completed Affidavit of
individual Surety (Standard Form 28) for each individual surety, shall accompany
the bond. The Government may require the surety to furnish additional
substantiating information concerning their financial capability.
4. Corporations executing thee bond shall affix their corporate seals.
Individuals shall execute the bond opposite the word "Corporate Seal", and
shall affix an adhesive seal if executed in Maine, New Hampshire, or any other
jurisdiction requiring adhesive seals.
5. Type the name and title of each person signing this bond in the space
provided.
- -------------------------------------------------------------------------------
[LOGO] [LETTERHEAD OF DEPARTMENT OF THE ARMY APPEARS HERE]
MAY 12, 1997
REPLY TO:
ATTENTION OF:
Office of the Chief
Procurement Branch
SUBJECT: Contract No. DACW09-97-C-0035
Pier 400 Constructors
2122 York Road
Oak brook, Illinois 60521
Gentlemen:
By Executive Order No. 11246, dated 24 September 1965, your contract with
the Department of the Army contains a provision by which you agree not to
discriminate against any employee or applicant for employment because of race,
color, religion, sex or national origin. Further, you have agreed to insert
this provision in appropriate subcontracts.
Your contract requires you to display Posters setting forth the provisions
of the Equal Opportunity clause. They should be placed in conspicuous places,
available to employees and applicants for employment; and in a manner that will
protect them from destruction by elements and other causes.
Enclosed is an "Equal Employment Opportunity" poster which you have agreed
to display. Additional copies will be supplied on request for subcontractors who
are subject to these requirements.
Please do not hesitate to call on us if you have any questions concerning
your obligations under the Equal Opportunity clause or the display of posters.
Sincerely,
/s/ J. A. Eugino
J. A. Eugino
Contracting Officer
Enclosure
CF: Project Engineer, Williams Gallegos
EQUAL EMPLOYMENT IS THE LAW
PRIVATE INDUSTRY, STATE, AND LOCAL GOVERNMENT
Title VII of the Civil Rights Acts of 1964, as amended, prohibits job
discrimination because of race, color, religion, sex or national origin.
Applicants to and employees of private employers, state/local governments, and
public/private educational institutions are protected. Also covered are
employment agencies, labor unions and apprenticeship programs. Any person who
believes he or she has been discriminated against should contact immediately
The U.S. Equal Employment Opportunity
Commission (EEOC)
2401 E St., N.W.
Washington, D.C. 20506
or an EEOC District Office, listed in most telephone directories under U.S.
Government.
FEDERAL CONTRACT EMPLOYMENT
Executive Order 11246, as amended, prohibits job discrimination because of race,
color, religion, sex or national origin and requires affirmative action to
ensure ^?????? of opportunity in all aspects of employment.
Section 503 of the Rehabilitation Act of 1973 prohibits job discrimination
because of handicap and requires affirmative action to employ and advance in
employment qualified handicapped workers.
Section 402 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974
prohibits job discrimination and requires affirmative action to employ and
advance in employment (1) qualified Vietnam era veterans during the first four
years after their discharge and (2) qualified disabled veterans throughout their
working life if they have a 30 percent or more disability.
Applicants to and employees of any company with a federal government contract or
subcontract are protected. Any person who believes a contractor has violated its
affirmative action obligations, including nondiscrimination, under Executive
Order 11246, as amended, or under Section 503 of the Rehabilitation Act should
contact immediately
The Employment Standards Administration
Office of Federal Contract Compliance
Programs (OFCCP)
Third and Constitution Ave., N.W.
Washington, D.C. 20210
or an OFCCP regional office, listed in most telephone directories under U.S.
Government, Department of Labor, Complaints specifically under the veterans' law
should be filed with the Veteran's Employment Service through local offices of
the state employment service.
All complaints must be filed within 180 days from date of alleged violation.
[LOGO]
U.S. Department of Labor
Employment Standards Administration
Office of Federal Contract Compliance Programs
??????^ DE OPORTUNIDAD EN EL EMPLEO ES LA LEY
INDUSTRIAS PRIVADAS, GOBIERNOS LOCALES Y ESTATALES
El Titulo VII de la Ley de Derechos Civiles de 1964, enmendado, prohibe la
discriminacion en el empleo por razon de raza, color, religion, sexo o
nacionalidad de origen.
La ley protege a los empleados y solicitantes de empleo en empresas privadas,
gobiernos estatales y locales e instituciones educacionales publicas y privadas.
Tambien abarce las agencias de empleo, sindicatos de trabajadores y programas
de aprendizaje, Cualquler persona, tanto hombre como mujer, que crea que has
sido obeto de discriminacion debe escribir inmediatamente a
The U.S. Equal Employment Opportunity
Commission (EEOC)
2401 E St., N.W.
Washington, D.C. 20506
o a cualquler oficina regional de EEOC, las que se encuentran en las gulas
telefonicas locales balo el nombre de: U.S. Government.
La Orden Ejectiva Numero 11246, enmendada, prohibe la discriminacion en el
empleo por razon origon de raza; color; religion; sexo o-naolonalidad de origon
y exige accion positiva para garantizar la iguaidad de oportunidad en todos los
aspectos del empleo.
Las Seccion 503 de la Ley de Rehabilitacion de 1973, prohibe la discriminacion
en el empleo contra personas que sufran de impedimentos fisicos o mentales y
exige accion positiva en el empleo y promocion de personas que sufran de
impedimentos fisicos o mentales, siempre que reunan las condiciones
indispensables para el desemperio del empleo.
La Seccion 402 de la Ley de 1974 de Asistencia para el Reajuste de los Veteranos
de la Era de Vietnam, prohibe la discriminacion en el empleo y exige accion
positiva en el empleo y promocion de (1) veteranos de la era de Vietnam, durante
los primeros cuatro anos despues de haber sido separados del servicio activo,
siempre que reunan las condiciones indispensables para el desempeno del empleo
(2) ciertos veteranos que tengan un 30 por ciento o mas de impedimentos fisicos
o mentales mientras puedan trabajar, slempre que reunan las condiciones
indispensables para el desempeno del empleo.
La ley protege a los solicitantes de empleo y empleados de cualquier compania
que tenga un contrato o subcontrato con el goblemo federal. Cualquier persona
que crea que uno de estos contratistas no ha cumplido con sus obligaciones de
tomar, accion positiva, inciuyendo la de no discriminar, bajo la Orden Ejecutiva
11246, enmendada, o bajo la Seccion 503 de la Ley de Rehabilitacion, debe
escribir inmediatamente a
The Employment Standards Administration
Office of Federal Contract Compliance
Programs (OFCCP)
Third and Constitution Ave., N.W.
Washington, D.C. 20210
o a cualquier oficina regional de OFCCP, las que se encuentran en la mayoria de
las guias telefonicas bajo: U.S. Government; Department of Labor. Las
reciamaciones especificaments comprendidas bajo la ley de veteranos, deben de
dirigirse a Veterans' Employment Service por medio de los oficinas locales del
servicio de empleo de estado.
Todas las roclamaciones deben de ser registradas dentro de los 180 dias
subsequentes a la fecha del supuesto acto de discriminacion.
INSTRUCTIONS TO CONTRACTOR
Relative to
Labor Provisions of Contract
These instructions contain a resume of the various provisions of the contract
relative to labor, together with information for the guidance of the Contractor
in complying therewith.
CONVICT LABOR stipulates against employment of any person undergoing
- -------------
imprisonment at hard labor.
Equal Opportunity Clause requires the Contractor to take affirmative action to
- ------------------------
employ personnel without regard to their race, creed, color, sex or national
origin; to state this fact in all soliciations for employment; to send to each
labor union with which he has an agreement, a notice advising the labor union or
worker's representative of the Contractor's commitments under this Equal
Opportunity clause; to comply with Executive Order 11246 of 24 September 1965,
as amended; to furnish all information and reports and permit access to his
books; and further provides that, in the event of non-compliance, the contract
may be terminated and also, that the Contractor will include said provisions in
his subcontracts.
Davis-Bacon Act requires the Contractor and his subcontractors to pay all
- ---------------
mechanics and laborers employed directly upon the site of the work,
unconditionally and not less often than once a week, and without subsequent
deduction or rebate on any account (except such payroll) deductions as are
permitted by the Copeland Regulations (29 CFR, Part 3), in accordance with the
wage rates contained in the wage determination decision of the Secretary of
Labor which is included in the contract and made a part thereof; to post at the
site of work in a prominent place where it can be easily seen by the workers, a
copy of such wage determination; to classify or reclassify any class of laborers
or mechanics, including apprentices and trainees not listed in the wage
determination, conformably to the wage determination decision.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME COMPENSATION.
- --------------------------------------------------------------------
Under this law no laborer or mechanic, including apprentices, trainees, watchmen
and guards, shall be required or permitted to work more than eight (8) hours per
day in any calendar day or in excess of forty (40) hours in any workweek in
which he is employed on any work under this contract except upon the condition
that compensation is paid to such laborer or mechanic for all hours worked in
excess of eight (8) hours per day or in excess of forty (40) hours per week at
not less than one and one-half times the basic rates of pay. In the event of
any
violation of the provisions of this clause, the Contractor shall be liable to
any affected employee for any amounts due and to the United States for
liquidated damages.
Apprentices and Trainees shall be employed only when they are registered as
- ------------------------
such. The Contractor shall furnish written evidence of the registration under a
bona fide apprenticeship or trainee program.
PAYROLLS AND BASIC RECORDS. Payrolls and basic records will be maintained during
- --------------------------
the course of the work and shall be preserved for a period of three (3) years
thereafter for all laborers and mechanics, including apprentices, trainees,
watchmen, and guards working at the site of work. All employment records shall
be available for inspection by representatives of the Contracting Officer and
the U.S. Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. The Contractor will be responsible
for timely submission of his own and all subcontractors' weekly payrolls under
the contract.
COMPLIANCE WITH COPELAND REGULATIONS. Rulings and interpretations of the
- ------------------------------------
Secretary of Labor pursuant to said Act as outlined in Section 3 of the Copeland
Act Regulations, set forth permissible deductions. Section 3.6 prescribes the
procedure for making written application for other deduction required by
compelling circumstances. Permissible deductions are set forth in the
instructions accompanying the Sample Payroll furnished herewith. The application
must be made prior to making said deductions and is applicable only to the
contract under which the request is made.
WITHHOLDING OF FUNDS. This clause provides that the Contracting Officer may
- --------------------
withhold from the payment due the Contractor such amounts as may be necessary to
pay laborers and mechanics, including apprentices, trainees, watchmen, and
guards, employed by the Contractor or any subcontractor the full amount of wages
as required by the Contract; and to pay liquidated damages under the clause
"Contract Work Hours and Safety Standards Act - Overtime Compensation."
SUBCONTRACTS provides that the foregoing clauses, and the clause CONTRACT
- ------------ ----------------- --------
TERMINATION - DEBARMENT shall be incorporated into all subcontracts.
- -----------------------
CONTRACT TERMINATION - DEBARMENT provides that breach of the above clauses may
- --------------------------------
be grounds for debarment.
2
SUBCONTRACTORS requires, within seven (7) days after award of any subcontract
- --------------
either by the Prime Contractor or a subcontractor, the submission of a statement
signed by the subcontractor, setting forth the name and address of the
subcontractor, a summary of the work, and acknowledgement of the inclusion of
labor clauses in the subcontract.
Minority Business Enterprises Subcontracting Program. This clause requires that,
- ----------------------------------------------------
for contracts in excess of $500,000, the Contractor will establish and conduct a
program to enable minority business enterprises to be considered fairly as
subcontractors and suppliers. The Program will be implemented in accordance
with paragraph (a)(1-7) of General Provision titled "Minority Business
Enterprises Subcontracting Program."
Local Affirmative Action Plan - This clause set forth the requirements that
- -----------------------------
contractors and subcontractors include in all construction and subcontracts in
excess of $10,000, the Provision of Clause 74 and any manpower utilization goals
which may be applicable under the contract.
THE CONTRACT PROVISIONS AND INSTRUCTION CONTAINED HEREIN ARE APPLICABLE TO ALL
SUBCONTRACTORS EMPLOYING LABORERS AND MECHANICS, INCLUDING APPRENTICES,
TRAINEES, WATCHMEN, AND GUARDS DIRECTLY UPON THE SITE OF THE WORK. ADDITIONAL
COPIES OF THESE INSTRUCTIONS FOR USE OF SUCH SUBCONTRACTORS MAY BE OBTAINED ON
REQUEST TO THE CONTRACT SECTION OF THE PROCUREMENT AND SUPPLY DIVISION, LOS
ANGELES DISTRICT, CORPS OF ENGINEERS.
3