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Mattituck Harbor Western Jetty Rehab
US Army Corps of Engineers New York District WESTERN JETTY REHABILITATION MATTITUGK HARBOR NEW YORK Solicitations a Specif ications DACW51 —95 - 13-0027 i PROJECT ABSTRACT The work described in these specifications is the rehabilitation of the western jetty of the Federal Navigation Project at Mattituck Harbor to its authorized dimensions. The Notice to Proceed for the contract will be issued i anytime during the 2nd quarter.i Work on the jetty will not begin until March 1995, to allow for more favorable weather conditions'. IFB NO. DACW51-95-B-0027 NEW YORK DISTRICT CORPS OF ENGINEERS NEW YORK, NEW YORK 10278-0090 SPECIFICATIONS FOR WESTERN JETTY REHABILITATION MATTITUCK HARBOR, NEW YORK TABLE OF CONTENTS SECTION NO. OF PAGES A Solicitation/Contract Form (In Duplicate) . . . . . . . . . . . . . .2 B Supplies or Services and Prices (In Duplicate) . . . . . . . . .4 C Description/Specifications (Technical Provisions) . . . . .30 D Packaging and Marking. . . . . . . . . . . . . . . . . . . . . . . . . . . .NOT USED E Inspection and Acceptance (QC & Submittals) . . . . . . . . . . .23 F Deliveries and Performance. . . . . . . . . . . . . . . . . . . . . . .NOT USED G Contract Administration Data. . . . . . . . . . . . . . . . . . . . .NOT USED H Special Contract Requirements. . . . . . . . . . . . . . . . . . . . . . . . . .33 I Contract Clauses (includes Index, 5 pages) . . . . . . . . . . . . 122 J List of Documents, Exhibits, and Other Attachments. . . . .27 K Representations, Certifications, and Other Statements of Bidders. . . . . . . . . . . . . . . . . . . . . . . . . . . .25 L Instructions, Conditions, and Notices to Bidders. . . . . . . 16 M Evaluation Factors for Award. . . . . . . . . . . . . . . . . . . . . . . . . . . .1 AA IFB No. DACW51-95-B-0027 NEW YORK DISTRICT CORPS OF ENGINEERS NEW YORK, NEW YORK 10278 SPECIFICATIONS FOR WESTERN JETTY REHABILITATION XATTITUCK HARBOR, NEW YORK 1. Attached is Invitation for Bids (IFB) number DACW51-95-B-0027. 2. BIDS MUST SET FORTH FULL, ACCURATE, AND COMPLETE INFORMATION AS REQUESTED BY THIS INVITATION FOR BIDS (INCLUDING ATTACHMENTS) . THE PENALTY FOR MAKING FALSE STATEMENTS IN BIDS IS PRESCRIBED IN 18 U.S.C. 10001. 3. SUBMISSION OF BIDS: Complete details concerning proper submission of bids are contained in the "Instructions to Bidders". 4. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE EQUAL OPPORTUNITY CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION. 5. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS SOLICITATION. Bidders, offerors, and applicants are cautioned to note the "Certification of Nonsegregated Facilities" in the solicitation. Failure of a bidder or offeror to agree .to the certification will render his bid or offer non-responsive to the terms of solicitation involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause (1984 APR) . 6. The bidders attention is directed to paragraph 11 of THE REPRESENTATIONS AND CERTIFICATIONS (page K-6) requiring the submission of a NOTARIZED affidavit concerning affiliated bidders. 7. THIS IS A CIVIL WORK PROGRAM PROCUREMENT AND IS NOT FUNDED BY THE DEPARTMENT OF DEFENSE. BUY AMERICAN ACT PRICE DIFFERENTIAL TO FOREIGN QUALIFYING COUNTRY END PRODUCTS IN ACCORDANCE WITH PARAGRAPH 25.105 OF THE FEDERAL ACQUISITION REGULATION APPLIES. AAA i SECTION A SOLICITATION - CONTRACT FORM (1442) A L.SOLICITATION NO. ' 2.TYPE OF SOLICITATION 3.DATE ISSUED PAGE OF PAGES SOLICITATION, OFFER, AND AWARD Fx_1 SEALED BID(IFB) 27 Januazy(Constructio.7,Alteration,or Repair) DA-D751-95-B-00 27 ❑ NEGOTIATED(RFP) -1395 l 1. of 2 IMPORTANT—The "offer"section on the reverse must be fully completed by offeror. - I .ON TRACT NO. 5.REQUISITION/PURCHASE REQUEST NO. 6.PROJECT NO. ?.ISSUED BY CODE S.ADDRESS OFFER TO District Engineer New York District, Corps of Engineers New York District, Corps of Engineers 26 Federal Plaza 26 Federal Plaza New York, NY 10278-0090 New York, NY 10278-0090 p,TTN; Contracts Branch, Room 1843 See Section L - Instructions to Bidders 9.FOR INFORMATION A.NAME B.TELEPHONE NO.(Include area code) (NO COLLECT CALLS) CALL: , See Para. L-23, Page L-10 See Para. L-23, Page L 10 SOLICITATION NOTE: In sealed bid solicitations "offer"and"offeror"mean "bid"and"bidder". 10.THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title,identifying no.,date): Western Jetty :Peb h,:Iitation Mattituck Harbor, New York IN STRICT ACCORDANCE V71TH THE SPECIFICATIONS, DRAWINGS, AND OTHER ATrACfM� LISTED IN THIS DCX:i]MIIV'I' AND AMEN.DN1ERTr(S) , IF ANTY, ISSUED PRIOR TO .THE BID OPMTDIG DATE. THIS IS A CIVIL WORKS PROCURIINNT AND IS NOT RZIDED BY THE DEPARTMENT OF DEFENSE. 11. The Contractor shall begin performance within 10 calendar days and complete it within 540 calendar days after receiving ❑ award, © notice to proceed.This performance period is x❑ mandatory, ❑ negotiable. (See Paragraph H-1 ,) 12A.THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? 128.CALENDAR DAYS (If"YES,"indicate within hour many calendar days after award in Item 12B.) © YES ❑ NO See Para. L-18 10 Days 13.ADDITIONAL SOLICITATION REQUIREMENTS: A. Sealed offers in original and __ 1 copies to perform the work required are due at the place specified in Item 8 by I.100 (hour) local time 7R FP1,r„;4ry 'lgg_c�,,date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number,and the date and time offers are due. B. An offer guarantee ® is, ❑ is not required. 411 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 30 calendar days for Govern mant'acceptance after the date offers are due will not be considered and will be rejected. NSN7540-01-155-2212 1442 102 SSTANDAtlRD FORAM 1442(REV.4-85) PrescriDeFAR (48 CFR) 53.236-lldt 2 of 2 OFFER (Must be fully completed by offeror) 14.NAME AND ADDRESS OF OFFEROR (include ZIP Code) 15.TELEPHONE NO.(Include area code) 16.REMITTANCE ADDRESS(Include only ifdifferent than Item 14) CODE FACILITY CODE 17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation,if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum M quircment stated in Item l3D.Failure to insert any number means the offeror accepts the minimum in Item 13D. AMOUNTS ► See Unit Price Schedule 18. The offeror agrees to furnish any required performance and payment bonds. 19. ACKNOWLEDGMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the solicitation—give number and date of each) AMENDMENT NO. DATE 20A.NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 208.SIGNATURE 20C.OFFER DATE (Type or print) AWARD (To be completed by Govemment) 21.ITEMS ACCEPTED: 22.AMOUNT 23.ACCOUNTING AND APPROPRIATION DATA 24.SUBMIT INVOICES TO ADDRESS SHOWN IN ► ITEM 25.OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO (4 copies unleis otherwise specified) ❑ 10 U.S.C.2304(c) ( ) ❑ 41 U.S.C.25310 ( 1 26.ADMINISTERED BY CODE 27.PAYMENT WILL BE MADE BY Disbursing Ofc Department of the Army US Army Engineer Division, New England NY District Corps of Engineers 424 Trapelo Road New York, NY 10278-0090 Waltham, NIA 02254 CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE ❑ 28. NEGOTIATED AGREEMENT Contractor,is required to sign this ❑ 29,AWARD(Contractoris not required to sign this document.)Your offer documeni and reefer: copies to issuing office•►Contractor agrees. on this solicitation is hereby accepted as to the items listed.This award con- to furnish and deliver all items or perform all work requirements identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is, contract. The rights and obligations of the parties to this contract shall be necessary governed by (a) this contract award, (b)the solicitation,and(c)the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract. 30A.NAME ANQQ TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A.NAME OF CONTRACTING OFFICER (Type or print) - TO SIGN (T?,pe err print).. 30B.SIGNATURE 30C.DATE 31B.UNITED STATES OF AMERICA 31C.AWARD DATE BY' O U.S. Ganrnment Printing office: 1985--477-064ne131 STANDARD FORM 1442 BACK(REV.4-e5) 1..SOLICITATION NO. 2.TYPE OF SOLICITATION 3.DATE ISSUED PAGE OF PAGES SOLICITATION,OFFER, AND AWARD Q SEALED BID(1FB) 27 JZt1t;a7 (COAStructioa,Alteration,or Repair) M0451-95_B"'00 27 NEGOTIATED(RFD) 13 J y I 1. of 2 95 IMPORTANT-The "offer"section on the reverse must be fully completed by offeror. CONTRACT NO. 5.REQUISITION/PURCHASE REQUEST NO. 6.PROJECT NO. .7.ISSUED BY CODE 8.ADDRESS OFFER TO District Engineer New York District, Corps of Engineers New York District, Corps of Engineers 26 Federal Plaza 26 Federal Plaza New York, XY 10278-0090 New York, NY 10278-0090 ATTN: Contracts Branch, Room 1843 See Section L - Instructions to Bidders 9.FOR INFORMATION A.NAME :TELEPHONE NO.(Include area code) (NO COLLECT CALLS) CALL: See Para. L-23, Page L 10 T See Para. L-23, Page L i0 SOLICITATION NOTE: In sealed bid solicitations "offer"and"offeror"mean "bid"and"bidder". 20.THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title.,identifying no.,date): TnTeste n -jetty : abi litation Mattituek Harbor, New York IN STRICT ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, AND OTHER ATIAC MIENTS LISTED IN THIS DOCUMENT AND AM 7DMENT(S) , IF ANY, ISSUED PRIOR TO .THE BID OPEND7G DATE. THIS IS A CIVIL TATORKS PROCUREMENT AND IS NOT F IDED BY THE DEPAR=?T OF DEMISE. 11. The Contractor shall begin performance within 10 calendar days and complete it within 540 calendar days after receiving award, © notice to proceed. This performance period is El mandatory, ❑ negotiable. (See Paragraph H-1 12A.THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? 126.CALENDAR DAYS (If..YES,"indicate within hour many calendar days after award in Item t 2B.) © YES 11 NO See Para, L-18 10 Days 13.ADDITIONAL SOLICITATION REQUIREMENTS: A. Sealed offers inoriainal and 1 copies to perform the work required are due at the place specified in Item 8 by 1.100 •(hour) local time 2P >+'Phr„aY.;t •199t;„ilate). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number,and the date and time offers are due. B. An offer guarantee © is, ❑ is not required. 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 30 calendar days for Government acceatance after the date offers are due will not be considered and will be rejected. NSN 7540-01-155-32:2 1-142 102 STANDARD FORM 1442(REV.4.85) 2 of 2 OFFER (Must be fully completed by offeror! ' 14.NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15.TELEPHONE NO.(Include area code) 16.REMITTANCE ADDRESS(Include only It different than Item 143 CODE FACILITY CODE 17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation,if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum re- quirement stated in Item 13D.Failure to insert any number means the offeror accepts the minimum in Item 13D. AMOUNTS ► See Unit Price Schedule 18. The offeror agrees to furnish any required performance and payment bonds. 19. ACKNOWLEDGMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the solicitation—give number and date of each) AMENDMENT NO. DATE 20A.NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20B.SIGNATURE 20C.OFFER DATE (Type or print) AWARD (To be completed by Govemmend 21.ITEMS ACCEPTED: 22.AMOUNT 23.ACCOUNTING AND APPROPRIATION DATA 24.SUBMIT INVOICES TO ADDRESS SHOWN IN , ITEM 25.OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO (4 copies unieis otherwise specified) 10 U.S.C.2304(c) ( ) 41 1J.5.C.253(c) ( ) 26.ADMINISTERED BY CODE 27.PAYMENT WILL BE MADE BY Disbursing Ofc Department of the Any US Army Engineer Division, New England NY District Corps of Engineers 424 Trapelo Road New York, NY 10278-0090 Waltham, MA 02254 CONTRACTING OFFICER WILL COMPLETE ITEM 18 OR 29 AS APPLICABLE 28. NEGOTIATED AGREEMENT Contractor is required to sign this 11 29.AWARD(Contractor is not required to sign this document.)Your offer document and return copies to issuing office.)Contractor agrees on this solicitation is hereby accepted as to the items listed.This award con- to furnish and deliver all items or perform all work requirements identified' summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is, contract. The rights and obligations of the parties to this contract shall be necessary governed by (a) this contract award. Ib)the solicitation,and(c)the clauses, representations. certifications, and specifications incorporated by reference in Or attached to this contract. 30A.NAME ANQQ TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A.NAME OF CONTRACTING OFFICER (Type or print) TO SIGN (Type or prin t)- 308.SIGNATURE 30C.DATE 31B.UNITED STATES OF AMERICA 31C.AWARD DATE BY' A U.S. Government Printing Office: 1965-477.064139131 SECTION B SUPPLIES OR SERVICES AND PRICES B BIDDING SCHEDULE WESTERN JETTY REHABILITATION MATTITUCR HARBOR, NEW YORK IFB NO. DACW51-95-B-0027 ESTIMATED UNIT DESCRIPTION QUANTITY UNIT PRICE AMOUNT I. Mobilization & - L.S. JOB $ Demobilization for Jetty Rehabilitation 2.* Remove and Stockpile and classify on site existing Armor Stone from designated Jetty reconstruction areas 3,100 Tons $ $ 3.* Provide new 3.0 to 7.5 6,700 Tons $ $ Ton Armor Stone 4.* Placement of 3.0 to 7.5 9,800 Tons $ $ Ton Armor Stone S. Provide and place 41370 Tons $ $ underlayer stone, 600 to 1600 pounds 6. Provide and place bedding 2,450 Tons $ $ stone, 20 to 100 pounds 7. Provide and place 334 S.Y. $ $ Geotextile Fabric S. Common Excavation, 3,300 C.Y. $ $ Stockpiling and Sorting of Existing Core Material and Sand 9. Removal of Sand Mound, 3, 000 C.Y. $ $ Stockpiling, and Sand Fill 10. Removal and disposal of 1 Unit $ $ existing Concrete Block for Navigation Aid and removal of existing tower 11. Provide and place new 1 Unit $ $ Concrete Block for Navigation Aid and install tower B-1 12. Placement of unacceptable 800 Tons $ $ or surplus stockpiled rock at southern terminus of jetty. 13. Removal of debris from 36 C.Y. $ $ project site, with disposal at town landfill 14. Provide and place 1" to 3" stone in a 6" layer over geotextile material 56 C.Y. $ $ Estimated Total * Note: Total quantity of Items 2 and 3 equals Item 4 B-2 BIDDING SCHEDULE WESTERN JETTY REHABILITATION MATTITUCK HARBOR,, NEW YORK IFB NO. DACW51-95-B-0027 ESTIMATED UNIT DESCRIPTION QUANTITY UNIT PRICE AMOUNT 1. Mobilization & - L.S. JOB $ Demobilization for Jetty Rehabilitation 2.* Remove and Stockpile and classify on site existing Armor Stone from designated Jetty reconstruction areas 3 , 100 Tons $ $ 3.* Provide new 3.0 to 7.5 6,700 Tons $ $ Ton Armor Stone 4.* Placement of 3.0 to 7.5 9,800 Tons $ $ Ton Armor Stone 5. Provide and place 4,370 Tons $ $ underlayer stone, 600 to 1600 pounds 6. Provide and place bedding 2,450 Tons $ $ stone, 20 to 100 pounds 7. Provide and place 334 S.Y. $ $ Geotextile Fabric S. Common Excavation, 3,300 C.Y. $ $ Stockpiling and Sorting of Existing Core Material and Sand 9. Removal of Sand Mound, 3,000 C.Y. $ $ Stockpiling, and Sand Fill 10. Removal and disposal of 1 Unit $ $ existing Concrete Block for Navigation Aid and removal of existing tower 11. Provide and place new 1 Unit $ $ Concrete Block for Navigation Aid and install tower, B-1 12. Placement of unacceptable 800 Tons $ $ or surplus stockpiled rock at southern terminus of jetty. 13. Removal of debris from 36 C.Y. $ $ project site, with disposal at town landfill 14. Provide and place 1" to 3" stone in a 6" layer over geotextile material 56 C.Y. $ $ Estimated Total S * Note: Total quantity of Items 2 and 3 equals Item 4 B-2 SECTION C DESCRIPTION/SPECIFICATIONS SECTION C DESCRIPTION/SPECIFICATIONS PART I TECHNICAL PROVISIONS JETTY REHABILITATION PARA TITLE PAGE 1. Work Covered by Contract Price. . . . . . . . . . . . . . . . . . C-1 2• Mobilization and Demobilization. . . . . . . . . . . . . . . . . C-1 3. Order of Work. . . . . . . C-2 4. Construction Facilities. . . . . . . . . . . . . . . . . . . . . . . . . C-2 5. Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-3 6. Stone Distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-8 7. Stone Placement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-12 8. Placing Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-12 9. Tolerances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-12 10. Acceptance Sections. . . . . . . . . . . . . . . . . . . . . . . . . . C-13 11. Quality Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-14 12. Measurement and Payment. . . . . . . . . . . . . . . . . . . . . . . . . C-14 PART II TECHNICAL PROVISIONS GEOTE%TIILE FABRIC PARA TITLE PAGE 1. Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-16 2• Applicable Publications. . . . . . . . . . . . . . . . . . . . . . . . . C-16 3. Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-17 4. Shipment and Storage. . . . . . . . . . . . . . . . . . . . . . . . . . C-19 5. Installation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-19 6. Measurement and Payment. . . . . . . . . . . . . . . . . . . . . . . . . C-20 PART III TECHNICAL PROVISIONS ENVIRONMENT PROTECTION PARA TITLE PAGE 1. Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-22 2. Quality Control. • . . . . . . . . . . C-22 3. Permits Obtained by the Corps of Engineers. . . . . . C-22 4. Submittals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-23 5. Subcontractors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-24 6. Notification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-24 7. Protection of Environmental Resources. . . . . . . . . . . C-24 8. Post-Construction Cleanup. . . . . . . . . . . . . . . . . . . . . . . C-28 9. Restoration of Landscape Damage. . . . . . . . . . . . C-28 10. Maintenance of Pollutioon Control Facilities. . . . C-29 11. Training of Contractor Personnel in Pollution Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-29 12. Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . C-29 SECTION C DESCRIPTION/SPECIFICATIONS TECHNICAL PROVISIONS PART I - WESTERN JETTY REHABILITATION Item No. 1 - Mobiliztion and Demobilization Item No. 2 - Remove and stockpile and classify on-site existing armor stone Item No. 3 - Provide new armor stone Item No. 4 - Place armor stone Item No. 5 - Provide and place underlayer stone Item No. 6 - Provide and place bedding stone Item No. 8 - Common excavation, stockpiling and sorting of core material and sand Item No. 9 - Removal of sand mound, stockpiling and sand fill Item No. 10 - Removal and disposal of concrete block Item No. 11 - Provide and place new concrete block Item No. 12 - Placement of unacceptable or surplus rock Item No. 13 - Removal and disposal of debris I. WORK COVERED BY CONTRACT PRICE. 1.1.1 The location of the work to be performed under these specifications is the western jetty of the Federal Navigation Project in Mattituck Harbor, Suffolk County, New York. 1.1.2 The work consists of furnishing all plant, labor, material and equipment, in order to. perform a rehabilitation of the western jetty, in strict accordance with the specifications and drawings for jetty rehabilitation for Mattituck Harbor, New York as described herein. 2. MOBILIZATION & DEMOBILIZATION (DEC 1985) . (a) All costs connected with the mobilization and demobilization of all the Contractor's plant and equipment will be paid for at the lump sum price for this item. Sixty percent (60%) of the lump sum price will be paid to the Contractor upon completion of his mobilization at the work site. The remaining forty percent (40%) will be paid to the Contractor upon completion of demobilization. (b) In the event the Contracting Officer and/or Representative considers that the amount in this item (60%) , which represents mobilization and (40%) which represents demobilization, does not bear a reasonable relation to the cost of the work in this contract, the Contracting Officer and/or his Representative may require the Contractor to justify this portion of the bid. Failure to justify such price to the satisfaction of the Contracting Officer and/or his Representative will result in payment of actual mobilization costs, as determined by the Contracting Officer C-1 and/or his Representative at the completion of mobilization, and actual demobilization costs, as determined by the Contracting Officer and/or his ' Representative at the completion of demobilization, and payment of the remainder of this item in the final payment under this contract. The determination of the Contracting Officer and/or his Representative is not subject to appeal. 3. ORDER OF WORK. 'Backfilling of the geotextile material in the specified areas shall be performed after rehabilitation of the western jetty at Mattituck Harbor has been completed. 4. CONSTRUCTION FACILITIES. 4.1 General. Furnish and maintain loading, unloading, hauling, drainage, and such stone handling equipment and facilities as necessary for the conduct of operations. Lands available for use as a construction or staging area are shown on the drawings. All construction and staging areas shall be enclosed by a temporary fence, and all equipment stored within this area. Security for the construction and staging areas shall be provided during weekends, and at night during the .bathing season. Location of any additional areas secured at his own expense by the Contractor for his use shall be coordinated with the landowner and approved before use and a copy of each agreement with a landowner shall be furnished the Contracting Officer. 4.2 Off-Loading Facility. The method of delivering stone to the site shall be by barge. The method of receiving materials at the site shall be determined by the Contractor but will be subject to approval and shall not restrict use of the channel. No stone shall be delivered by barge to the site or unloaded from the barge on weekends during the period between Memorial Day and Labor Day. The contractor will be responsible for protection of all utilities in the off-loading, hauling and construction areas, and for coordinating this protection with the appropriate local agencies. The Contractor will comply with all US Coast Guard regulations and install and maintain any navigation aids required, and submit a plan for off-loading facilities for approval 15 days prior to the start of construction of any facility. In addition, the Contractor shall submit his temporary off-loading facility plan to the Town of Southold Trustees for approval prior to his constructing such facility. At the completion of operations, all facilities installed by the contractor in the receiving area shall be removed unless otherwise directed by the Contracting Officer. The material from these facilities shall not be disposed of in the waters of the channel or ocean. The Contractor shall be responsible for any damages resulting from the construction and/or use of the receiving facilities. At the completion of operations, the Contractor shall obtain a release from the property owners . - where the off-loading facility is located, and submit the release to the Contracting Officer for review and approval. C-2 5. MATERIALS. 5.1 Quarry. 5.1.1 General. The Contractor shall be responsible for all arrangements for; rights-of-way, for adequate investigation and exploration, and for selection, development, and operation of the quarry to supply stones for this contract, of the weight, size, and quality specified herein. Inspection for acceptance of individual stones will be at .the jetty repair site. 5.1.2. Sampling, Testing and Acceptance of Stones. The acceptability of jetty stones will be determined by laboratory tests, geologic examination, and service records. When satisfactory test and service records are not available, the proposed jetty stones shall be subjected to all such tests as are necessary to determine that the stones are durable and suitable for use in the work. Tests to which the stones will be subjected include; specific gravity, absorption, abrasion, accelerated expansion, wetting and drying, and such other tests as may be necessary. Testing to determine conformance with the requirements of Paragraph 5.2 below for acceptance or rejection of stones proposed for use by the Contractor and to determine stone classification will be performed by the Corps of Engineers New England Division Laboratory at Waltham, Massachusetts. No tests will be performed by the Government prior to award of the Contract. Immediately after award of the contract, and within 5 days of receipt of the Notice-to-Proceed, the Contractor shall submit to the Contracting Officer for approval all pertinent test and service records from his quarry. Such tests and service records will be evaluated to help determine if stones from the source can meet quality standards as hereinafter specified. Should the Contractor's documentation not include previous satisfactory laboratory test results or satisfactory service records from Corps of Engineers' projects, or fail to satisfy the Contracting Officer, samples of the stones proposed for use in the jetty repair shall be selected in' the presence of a Government Inspector and delivered by the Contractor to the Corps of Engineers New England Division Laboratory at Waltham, MA for testing. These samples shall be selected and delivered to the Waltham Laboratory within 20 days after receipt of notification of insufficient or unsatisfactory test and service records. Samples of stones shall consist of 5 to 10 pieces with a total weight of approximately 500 pounds. No single piece shall weigh more than 100 pounds. The presence of a Government Inspector during . selection of samples of stone will not relieve the Contractor of the responsibility to secure representative samples from the quarry for testing. The initial sample shall be tested at Government expense. In the event the sample fails to pass the required tests, subsequent tests will be conducted at the expense of the Contractor. The Contractor will be notified of the results of the laboratory results. Satisfactory Contractor documentation . or laboratory test results on stone samples will not constitute approval of all rock in the quarry and will not in any way change C-3 the Contractor's responsibility for obtaining developing, and maintaining a satisfactory source of stones. Throughout the duration of this contract, the Government may sample and test stones delivered to the jetty and proposed for use in the jetty repair. No contract extension will be granted for specified submittal and testing time or because material fail to meet the specification requirements. Stones failing to meet specified requirements will be removed from the off-loading facility or jetty site at no additional cost to the Government. No materials or stones shall be placed in the jetty until those materials or stones have been approved for use. The Contractor shall furnish waybills and delivery tickets for each load of' stone delivered to the site. 5.1.3 Stone Weights. The Contractor shall have scales at locations where quarry stone is delivered to the project site. The scales shall be certified for accuracy by a properly accredited official. A certified Weigh Master shall operate the scales. Additional methods for ' determining the weight of the stone may be submitted to the Contracting Officer for his approval. Scales shall be recertified every six months, when they have been moved, or if any disturbance may have altered the accuracy. Scales shall have printers that indicate Gross, Tare and Net weights. - This ticket shall be signed by the Certified Weigh Master. Tickets shall be tallied and provided daily to the Contracting Officer's Representative. 5.2 Stone. 5.2. 1 Ouality. Each stone accepted for use in the jetty shall be composed of hard, strong, durable materials that will not slake or deteriorate on exposure to the action of water or atmosphere, shall not contain cracks, joints, faults, seams or bands of minerals or deleterious materials which would result in breakage or reduction of specified stone weights or dimensions during or after placement in the jetty, and shall be free of expansive or other materials which would cause accelerated deterioration 'by exposure to project climatic conditions. Each stone must have sufficiently uniform physical properties throughout so that all portions of the stone will meet the specified test requirements. Weak or inferior appearing portions of any non-uniform- type stone; such as igneous flow breccias, volcanic breccias, cataclastic metamophorsis or irregularly cemented sedimentaries, will be subjected to all testing necessary to determine that the stone will not be susceptible to splitting or differential weathering. Any stone containing an inferior rock material portion that dies not meet the specified test requirements will be rejected as unsatisfactory for jetty repair. Each stone shall be clean and angular, and the longest dimension of any stone shall not exceed three times its shortest dimension. Each stone shall meet all the following test requirements for quality. Test Requirement 1. Unit Weight Not less than 165.0 pounds per cubic foot 2. Absorption No more than 1.0 percent C-4 3. Abrasion Not more than 28.0 percent loss (500 revolutions) 4. Wetting and Drying No major progressive cracking (80 cycles) 5. Sulfate Soundness Less than 5. 0 percent loss 6. Glycol Soundness No deterioration except minor crumbs from the surface 7. Drop Test No breakage or cracking 8. Set Aside No breakage or cracking after one season cycle 9. Freezing-Thawing Less than 10 percent loss for 12 cycles 5.2.2 _ Testing. Testing will be performed by the Corps of Engineer's New England Division Laboratory or a certified laboratory. The test results reported by the laboratory will be considered as exact results for unit weight, absorption, abrasion, wetting and drying, accelerated expansion or other necessary tests, regardless of any permissible variance that may be established by test procedures, in determining the acceptability of jetty stone furnished under this contract. Test procedures to be utilized will be as follows: 5.2.2.1 Unit Weight and Absorption. The unit weight or weight per cubic foot shall be determined by multiplying the bulk- saturated-surface-dry specific gravity (BSSD) times 62.4 pounds per cubic foot. Specific gravity and absorption shall be determined in accordance with the Corps of Engineers Testing Procedure CRD C 107-69, "Standard Method of Test for Specific Gravity, Absorption, and Unit Weight of Coarse Aggregate and Riprap", modified as follows: The test sample shall consist of about 5,000 grams of generally cubical pieces of stone passing the 2-inch and retained on the 1-1/2-inch standard square mesh sieve sizes. The test pieces shall be laboratory prepared by jaw crushing or chipping. 5.2.2.2 Soundness. Tests which subject the rock to severe- chemical treatments are intended to reveal weaknesses in a shortened time frame. The dissimilarity in comparison to natural weathering is sometimes a source of concern in translating laboratory results into estimates of stone performance. Both tests are relatively simple and inexpensive. 5.2.2.2. 1 Magnesium Sulfate. Standardized testing follows CRD-C 137, a method developed for evaluating aggregate. Samples soaked in a sulfate solution will break apart when the solution invades weak planes or cracks and then crystallizes upon . heating and drying. A major shortcoming of this test for large stone is that the test specimens are broken from the large stone to a weight of approximately 100 g each. The breakage and segregation _ ill eliminate weak areas when preparing the sample, and test results tend to be too favorable. Nevertheless, a loss exceeding ten percent generally indicates poor-quality stone. The test is usually meaningful for sedimentary rocks when augmented by an absorption or abrasion test, except for some sandstones. C-5 5.2.2.2.2 Ethylene Glycol. Standardized testing follows CRD-C 148. This method is used to detect the presence of swelling clay minerals and provides an indication of the severity of deterioration of the stone to be expected in service. Ethylene glycol enters the clay mineral structure and causes rapid expansion. The test has been particularly useful in distinguishing questionable varieties among altered basaltic rocks. 5.2.2.3 Abrasion. The Los Angeles abrasion test follows method CRD-C 145. The test is useful in determining the resistance of stone to abrasion and battering and also provides an index of toughness, durability, and abundance of incipient cracks. The significance of the test for large stone is indefinite since individual test pieces are limited to about 100 g in weight. Weaknesses along widely spaced surfaces are missed in this test. Roughly, losses- less than 20 percent for 500 revolutions are generally considered satisfactory while losses exceeding 40 percent suggest probable poor service. The test is sometimes effective for evaluating metamorphic rock, particularly when supported by absorption and sulfate soundness tests. 5.2.2.4 Wetting and Drying. The test sample, consisting of 10 pounds of 2-inch to 1-1/2-inch pieces, will be prepared as specified above for unit weight and absorption tests. The test sample will be soaked for 24 hours prior to starting tests Testing will consist of 80 cycles of wetting and drying. Each cycle will consist of soaking for 3 hours in tap water at approximately 60 degrees F and drying for 3 hours with an infrared heat lamp so that, surface temperature of rocks will reach 165 degrees F. Upon completion of the test, samples will be oven- dried, screened over 1-1/2-inch sieve and weighed. Percent loss will be computed based on originals dry weight. 5.2.2.5 Freezing-Thawing. 5.2.2 .5.1 The standard method follows CRD-C 144, but modifications for large slabs cut perpendicularly to bedding or for whole large stones are preferred by some laboratories because of better representation. Large-stone testing is discussed at length in Evaluation of Quality and Performance of Stone as Riprap or Armor. Regardless of details, a consistency in procedure is desirable, at least within a division laboratory or its service area. The test simulates the effect of a cold weather environment by inducing numerous cycles of freezing and thawing through a bath of cold water and alcohol. Again, the number of cycles to which the specimen is subjected and the overall interpretation of the results should be determined on a district or laboratory basis. The number of cycles commonly exceeds 10, occasionally going to 50 or more, depending upon local climate or established method. Failures along weak surfaces should be given special attention since their impact is easily underestimated. 5. 2 .2.5.2 For small pieces wherein bedding and jointing are r C-6 insignificant, a loss of 10 percent by testing CRD-C 144 should cause concern. Large stones and slabs losing more than 25 percent during 12 cycles will probably not perform well in service. Large stones losing no more than 10 percent commonly do perform satisfactorily. The effects of geological structure and other important characteristics of a material are less likely to be overlooked when at least three specimens are tested simultaneously in the same test bath. 5.2.2.6 Drop Test. 5.2.2.6.1 A drop test provides an immediate evaluation of the suitability of very large stone material and is also potentially useful for quality control and QA. For comparability, the test stone(s) should be dropped from a bucket or cherry picker, or by other means from a height half the average diameter of the stone onto a rigid surface or second stone of comparable size. Dumping with other stones from a haulage truck is usually unsatisfactory practice. 5.2.2.6.2 The stone should be examined carefully before testing as well - as afterward. Failure criteria are development of new cracks, openings of old cracks. , and loss of small pieces from the surface. 5.2.2.7 Set Aside. The set-aside test is a particularly good method of forewarning of future problems with stone deterioration. Typically, large stones are set aside in the quarry and immediately examined and photographed. These specimens are examined and photographed again after a predetermined period of exposure. Stone that endures without signs of deterioration may be considered for acceptance. Observations from set-aside exposure are potentially useful in identifying materials in need of curing. The one disadvantage of this test is the long exposure period required, that is, preferably a year or more. 5.3 Classification. The following classification table gives the required weights of armor stones in tons of 2,000 pounds and underlayer and graded stone in pounds based on a unit weight of not less than 165 lbs. per cubic foot. . 5.3.1 Stone Classification Table. Armor Stone Armor Stone Weight (tons) Class Minimum Maximum Rectuired. Gradation A 4.5 7.5 75% > 6 tons B 3. 0 5. 0 75% > 4 tons Underlayer Stone Underlayer Stone Weight (pounds) Class Minimum Maximum Required Gradation C 800 1600 75% >1200 pounds D 600 1000 75% > 800 pounds 5. 3 .2 Bedding Material. Bedding stone shall be free from silt, C-7 clay, organic material, debris or other unsuitable material. The required weight of the bedding stone is based on a unit weight of not less than 165 pounds per cubic foot. For all work the range of bedding stone weight is 20 pounds to 100 pounds with 75 percent greater than 60 pounds. The stone shall be of the quality specified in paragraph 5.2.1. 5.3.3 Breakina Stone. No acceptable armor stone that can be placed with the stone-handling equipment shall be rebroken. 5.3.4 Handling Breakage. If any armor stone is broken in handling after being weighed for pay quantity determination, the broken pieces may, upon arrival, be reclassified and placed in a' lower weight class stone if it meets the requirements for the class stone. 6. STONE DISTRIBUTION. All material to be deposited in the jetty shall be placed by means such as a crane or derrick to the required cross-section and as needed for the type of stone being placed. Material to be deposited below MLW may be placed by any means which will obtain the required cross-section and purpose of the stone. Rubber-tired equipment may be used for placement of the graded stone and bedding material in the structure where it is appropriate to do SO. s 6.1 General. It is believed that the western jetty was initially constructed in a 2-layer fashion, that being the placement of core stone to a specified elevation, followed by capping of the core with a single layer of armor stone. The core is expected to consist of stone weighing between 15 pounds and 4 tons. From visual field inspections, the presence of the core is quite apparent below the armor stone from Station 2+73 to Station 9+00. From Station 9+00 to Station 14+73, a noticeable difference in the quality of the previously constructed jetty is apparent, with armor units, smaller that those specified, frequently occurring and appearing to be placed in a random fashion. The presence of a jetty core in this area is not readily apparent, and in many cases is either non-exisitent or covered by sand. 6. 1.1 Test Excavations. During rehabilitation of the jetty, the Contractor shall perform, at fifty foot intervals along the jetty length, a test excavation to the minimum grade shown on the plan for that particular section of work. The test excavation shall be done in the presence of the Contracting Officers' Representative, and shall be of a sufficient size. across the width of the jetty, to visually show the presence of a continuous stone layer. The purpose of this test excavation is to ascertain if the existing core material extends to the minimum depth required in the plans to provide a sound base for the structure. If the existing core material extends to this depth across the width of the jetty, the Contractor shall perform the jetty reconstruction work as described. in 6. 1.2.1'. If the core material does not extend to the C-8 required minimum depth, the Contractor shall perform the reconstruction work as described in 6.1.2.2. The performance of test excavations are not a payable item and should be included as a part of the bid item for common excavation. 6.1.2 Definitions of Reconstruction. 6.1.2.1 Core Material to Required Minimum Elevation. All work described as reconstruction within these specifications shall be performed in the following manner, when the existing core material extends to the minimum required elevation; the removal and stockpiling of all armor stones, the excavtion/removal of all existing core stone to the grades and alignments of the bottom of the underlayer shown in the plans, the placement of the excavated core material channelward of the jetty core as toe material, the placement of bedding material if necessary, the placement of two layers of the specified underlayer material over the core, and the placement of the specified armor stone over the underlayer. At the toe of slope, in sections calling for Class "A" armor stone, one 6. 0 to 7.5 ton will be placed to stabiile the upper slope(s) . In sections calling for Class "B" armor stone, one 4.0 to 5.0 ton armor stone will be placed to stabilize the upper slope(s) . 6.1.2.2 Core Material Not to Required Minimum Elevation. All work described as reconstruction within these specifications shall be performed in the following manner, when the existing core material does not extend to the minimum required elevation or when there is no existing stone or where existing stone is in doubt; the removal and stockpiling of all armor stones, the excavation/removal of all existing core stone and sand to the grades and alignments of the minimum bottom elevation shown in the plans, the placement of bedding stone to the elevations shown on the plans, the placement of two layers of the specified underlayer material over the core, and the placement of the specified armor stone over the underlayer. At the toe of slope, in sections calling for Class "A" armor stone, one 6.0 to 7.5 ton will be placed to stabiile the upper slope(s) . In sections calling for Class "B" armor stone, one 4.0 to 5.0 ton armor stone will be placed to stabilize the upper slope(s) . The stone material excavated shall be sorted by size and used in reconstuction of the jetty section between Station 13+73 and Station 14+73. Any sand excavated shall be placed on the sand stockpile created from the upland mounds and be used as backfill over the geotextile material. 6.2 Work to be Performed by Stations. 6.2.1 Station 2+73. The work at Station 2+73 shall consist of reconstructing the head of the jetty as described in Section 6. 1.2.2, and in accordance with the stone distibution shown on the plans, having two layers of Class "A" armor stone, two layers of Class "C" underlayer and bedding stone. Any existing suitable armor stone which has been removed and stockpiled and which meets the required weight of stone for the reconstructed section may be C-9 used. 6.2.2 Station 2+74 to Station 4+50. The work between Station 2+73 and Station 4+50 shall consist of reconstructing the head of the jetty as described in Section 6.1.2.1, and in accordance with the stone distibution shown on the plans, having one layers of Class "A" armor stone, one layer of Class "B" armorstone, two layers of Class "C" underlayer and bedding stone. In addition,. the concrete base for the USCG navigation aid at Station 3+32 shall be removed, disposed of and replaced by a new concrete base having the dimensions and details shown on the plans, and the existing steel tower shall be removed from the existing base and reinstalled on the new concrete base. The concrete base for the navigation light shall be placed in a method that will provide a level platform and a tight fit between the abutting armor stone and the concrete key on the base of the block. Any existing suitable armor stone which has been removed and stockpiled and which meets the required weights of stone for the reconstructed section may be used. 6.2.3 Station 4+50 to Station 5+50. Between Station 4+50 and Station 5+50, the work shall consist of reconstructing the jetty as described in Section 6.1.2.1, and in accordance with the stone distibution shown on the plans, having one layer of Class "A" armor stone, a minimum of two layers of Class "C" underlayer and bedding stone. Any existing suitable armor stone which has been removed and stockpiled and which meets the required weight of stone for the reconstructed section may be used. 6.2.4 Station 5+50 to Station 9+00. Between Station 5+50 and Station 9+00, the work shall consist of reconstructing the jetty as described in Section 6.1.2.1, and in .accordance with the stone distibution shown on the plans, having one layer of Class "A" armor stone, two layers of Class "C" underlayer and bedding stone. Any existing suitable armor stone which has been removed and stockpiled and which meets the required weight of stone for the reconstructed section may be used. 6.2.5 Station 9+00 to Station 13+73. Between Station 9+00 and Station 13+73 , the work shall consist of reconstructing the jetty as described in Section 6.1.2.2, and in accordance with the stone distibution shown on the plans, having one layer of Class "B" armor stone, two layers of Class I'D" underlayer and bedding stone. Any existing suitable armor stone which has been removed and stockpiled and which meets the required weight of stone for the reconstructed section may be used. . 6.2. 6 Station 13+73 to Station 14+73 . Between Station 13+73 and Station 14+73 , the work shall consist of reconstructing the jetty as described in Section 6.1.2.2. The section shall be constructed of material that has been previously removed and stockpiled and found to be unsuitable for use in other sections of the jetty. The armor layer shall consist of unsuitable stone that is between the Class B armor stone required weight and the Class C underlayer C-10 required weight. The underlayer stone shall consist of unsuitable stone that is between the Class D underlayer required weight and bedding..stone required weight. Any other existing suitable armor stone and underlayer stone which has been removed and stockpiled and remains after completion of work on other sections of the Jetty may also be used. 6.2.7 Any Remaining Stockpiled Material. Any stockpiled stone which remains after rehabilitation of the jetty will be spoiled along the baseline south of the rehabilitated jetty, and shall tie into the rehabilitated structure. The spoiled material shall be placed in a manner similar to the reconstructed jetty section, that is in a manner from smaller to larger stone overlaying each other. 6.3 Protection of Uncompleted Work at End of Construction Seasons. In the event that uncompleted portions of the repair work on the jetty exist at the end of the construction season, the bedding and underlayer stone placed in the uncompleted portions shall be protected against storm damage or loss by random placement of sufficient quantities of the armor stone class specified for each portion. Upon resumption of the work at the beginning of the next construction season, the protective armor stone shall be arranged as required to properly key-in the new armor stone being placed. 6.4 Excavation. Stockpiling and Fill. Prior to the initiation of jetty repairs, the Contractor shall excavate the mound of material located shown on the plans, between the road and the jetty, at approximately Sta. 13+25 to Sta. 15+10, to a stockpile area. The material stockpiled shall be used to provide backfill over the placed geotextile material, after completion of the jetty repairs. Excavation of the mound of material shall be performed to an elevation and grade such that the Contractor is able to perform work in the area, and move equipment and material through the area. The sand from the stockpile shall be transported mechanically to the placement area. The method of transporting the material shall be presented in the Contractor's Quality Control Plan and approved by the Contracting Officer. When the backfill operation is completed, the Contractor shall grade the stockpile area to a elevation that corresponds with the adjacent area elevation. 6.5 Removal of Debris. The Contractor shall remove all debris from the area between Sta. 13+00 ' and Station 14+50, prior to commencing work on the jetty. The debris, which consists mostly of driftwood, shall be trucked to the Town of Southolds' Landfill for disposal. Prior to performing the removal and transport of the debris to the landfill, the Contractor shall request and obtain a permit from the Town of Southold for use of the landfill. 6.6 Concrete Block. The rectilinear concrete block, located at . Station 3+23, shall be removed and disposed of during repair operations to the jetty, and be replaced by a new block in it's C-11 original position, prior to the completion of the repairs. Specifications for the block are shown on the contract plans. The Contractor shall also remove the steel tower and reinstall the same tower on the new concrete base. The removal and replacement of all hardware, the light and the solar array battery, will be performed by US Coast Guard personnel upon request. 6.7 Excavation. Excavated material, excluding armor stone, will be reused in the repair of the jetty, or if found to be unsuitable in size be placed in the manner described in sections 6.2.6 and 6.2.7 above. Excavated sand shall be used as back fill material. 7. STONE PLACEMENT. 7.1 Lona Stone. All acceptable stones that have a long axis which exceeds twice either of its dimensions shall be placed with the long axis normal to the slope or crest at the location where the stone is placed. The surface stones of the outside layer shall consist of stone weighing not less than the average weight of its class. All stones in the outer layer shall be placed and arranged to secure maximum surface contact between adjacent stones in order to minimize void size, reduce movement of the stone and protect core stone. Continuous joints will not be permitted between adjoining stones. 7.2 Use of Existing Stones. The Contractor shall manipulate new and existing stone so as to form a solid, continuous jetty structure. It should be noted that during a visual inspection of the existing structure, armor stones ranging up to approxiamtely 12 tons in weight were apparent on the structure. Although these stones are greater than the maximum specified armor weight, these stone shall be reused when possible. 7.3 Location and Quantity of Stone to be Placed. The location and quantities of stone to be placed are based on field surveys of January 1993, and subsequent field inspections. The Contractor's attention is directed to the fact that actual quantities required will depend on conditions prevailing at the time of construction. 7.4 Limits of Work. Before and during the course of work, the Contracting Officer's Representative may revise the limits of work classification areas based on the actual conditions at the time of construction. S. PLACING EQUIPMENT. All equipment for lifting should be .load tested. The equipment shall be capable of placing jetty stone in such a manner as to produce a well keyed mass without damage to the stone. Stone placing equipment shall have adequate safety capacity to construct the jetty to the lines, grades, and slopes indicated on the drawings. Mats are required under all moving cranes, etc. . . Temporary filling of voids with sand or stone will not be permitted. All stone cracked by equipment riding over them, with C-12 the. exception of the Class B armor stone being placed as the second armor layer in the section between Stations 2+73 and 4+50, shall be removed if cracked pieces do not meet the required weights. All placing equipment shall provide means of turning all stones placed above MLW at least 90 degrees in the horizontal plane and for vertical rotation, to the extent necessary for final positioning. A Government representative shall be permitted to ride the cab of the stone placing equipment in order to view the operation for positioning of individual stones. 9. TOLERANCES. Jetty armor stone shall be placed to the lines and grades shown on the drawings. A tolerance of plus or minus 6 inches measured perpendicularly from the crests, slope lines and grades shown on the drawings for the jetty. Upon completion of any portion of the work, a survey shall be performed by the Contractor on 20 foot centers to determine that the plus tolerance has not been exceeded. If the plus tolerance has been exceeded, the Contractor at his expense shall remove and replace the stone to remain within the allowed tolerance except as modified by paragraph H-30. Resetting of the stone shall be to the same requirements for keying adjacent stones as the new construction. 10. ACCEPTANCE SECTIONS. 10.1 Acceptance Sections. Completed work on the jetties will be accepted in sections as listed in the following table : Acceptance Section Description Stations 1 Jetty Head 2+73 1 Jetty Head Trunk 2+74 to 4+50 2 Jetty Trunk Transition 4+50 to 5+50 3 Jetty Trunk Inshore 5+50 to 9+80 4 Jetty Trunk Inshore 9+00 to 13+73 5 Jetty Trunk Inshore 13+73 to 14+73 10.2 Reguirement for Land Surveyor. The Contractor shall employ a land surveyor licensed by the State of New York, experienced in both land and hydrographic surveying to take all required surveys. The Contractor shall also make any surveys for partial payment purposes upon request of the Contracting Officer. 10.3 Acceptance of Completed Sections. As soon as practicable after the completion of each section, the Contractor accompanied by the Contracting Officer, or his authorized representative, will perform a survey of the completed section. When a section is found to be in a satisfactory condition it will be accepted finally. Any section damaged by the Contractor after final acceptance shall be repaired by him at his expense. 10.4 Reopening of Final Acceptance of Work. Final acceptance of the whole or part of the work and the deductions or corrections made thereon will not be reopened after having once been made, C-13 except on evidence of collusion, fraud or obvious error and acceptance of a completed section shall not change the time of payment of the retained percentage of the whole or. part of the work. 11. QUALITY CONTROL. The Contractor shall establish and maintain quality control on placement operations to assure compliance with contract requirements and maintain records of his quality control for all construction. A copy of the following records and Contractor tests, as well as the records of corrective actions taken, shall be furnished to the Government as directed by the Contracting Officer: a. Tests to determine quality of stone b. Determination of proper gradation of stone by weight C. Control of stone placement by vertical and horizontal alignment to lines and grades indicated in the contract d. Records of all stones on-hand and placed to date e. Records of all loads that have been rejected f. Records of all quantity surveys performed. g. Daily inspection reports of wire ropes 12. MEASUREMENT AND PAYMENT. 12. 1 Measurement. The Contractor will take all before and after surveys using a licensed professional surveyor in the presence of the Contracting Officer's representative. 12.1. 1 Measurement for new Class A and B armor stone, Class C and D underlayer stone and bedding stone will be the weight of the stone in tons of 2,000 pounds as determined by scale weights. Measurement will not be made for unsuitable stone. Unsuitable material or stone fragments weighed and delivered to the site will be reweighed on removal from the site and the weight deducted from the material measured by waybills and delivery tickets for payment. The estimated amounts of armor stone, underlayer stone, graded stone and bedding stone shown in the unit price schedule were based upon stone weighing 165 pounds per cubic foot. 12. 1.2 Measurement for existing armor stone, which is removed from the jetty and stockpiled on the site will be made jointly with the Contracting Officer's representative. Weights of existing armor stone will be determined by scale weight. The estimated amount of existing armor stone to be removed and stockpiled or reused shown in the unit price .schedule is based upon the stone weighing 165 pounds per cubic foot. The quantity of stockpiled armor stone that is removed in the jetty reconstruction is included in the amount shown in tons in the unit price schedule for placement of 3.0 to 7.5 ton armor stone. 12.1. 3 All new stone acceptable for use in excess of 165 pounds . per cubic foot will be paid for at 165 pounds per cubic foot maximum. C-14 12.1.4 Measurement in cubic yards of the excavated and stockpiled sand mound, which is subsequently placed as sandfill, will be computed by the average end area method. Measurement will taken by surveys before and after removal of the mound. 12. 1.5 Measurement and payment for the placement of unacceptable stockpiled rock and excavated material spoils material will be determined by scale weight. 12.1.6 Measurement in cubic yards of debris removed will be computed by survey. 12.2 Payment. The quantity determined as provided above will be paid at the contract unit price per ton for: , Item No. 2 - Remove and stockpile' by on site existing armor stone, according to stone classification size, from designated jetty reconstruction areas Item No. 3 - Provide new 3. 0 to 7.5 ton armor stone Item No. 4 - Placement of 3 . 0 to 7.5 ton armor stone Item No. 5 - Provide and place underlayer stone 900 to 1500 Item No. 6 - Provide and place bedding stone 40 to 80 pounds Item No. 12 - Placement of unacceptable stockpiled rock between Station 13+73 and Station 14+73 and if necessary south of 14+73 12.2.1 The common excavation, stockpiling and sorting of any existing core material and/or sand will be paid for on a a cubic yard basis under Item 8. No payment will be made for the excavation of core material to the underlayer grade and the subsequent placement of the material as toe stone, described in Section 6. 1.2.1. No payment will be made for the placement of the excavated sand as backfill. 12.2.2 The excavation, stockpiling and placement of the fill from the mound will be paid for based on the total quantity removed in cubic yards under Item No. 9. No payment will be made for the placement of sand excavated under Item 8 as backfill. 12.2.3 The removal of debris and subsequent disposal of the debris, under Item No. 13 will be paid for based on a per cubic yard basis. 12.2 .4 The removal and disposal of the existing ' navigation aid concrete block and it's replacement with a new concrete block (Items 10 and 11) and the removal and reinstallation of the existing tower will be paid for on a unit price basis. 12.2.5 Prices and payments for the above listed items will constitute full compensation for furnishing all labor, equipment, and materials; and performing all work required to complete the satisfactory placement of stones in the jetty in accordance with . the drawings and specifications. C-15 SECTION C DESCRIPTION/SPECIFICATIONS TECHNICAL PROVISIONS PART II - GEOTEBTILE FABRIC Item No. 7 - Provide and place geotextile material Item No. 14 - Provide and place 11..' to 3" stone bed 1. SCOPE The work provided for .herein consists of furnishing all plant, labor, material, and equipment and performing all operations required for furnishing, hauling, and placing the geotextile and 1" to 3" stone layer over the geotextile, complete, as specified herein and shown on the contract/ drawings, and maintaining the geotextile until_ placement is completed and accepted. 2. APPLICABLE PUBLICATIONS The current issues of the publications listed below, but referred to thereafter by basic designation only, form a part of this specification to the extent indicated by the references thereto: American Society for Testing and Materials ASTM D 123-84 Definitions of Terms Relating to Textiles D 3787-80a Bursting Strength of Knitted Goods: Constant- Rate-of-Traverse (CRT) , Ball Burst Test D 3884-80 Abrasion Resistance of Textile Fabrics (Rotary Platform, Double-Head Method) D 1682-64 Breaking Load and Elongation of Textile Fabrics D 1683-81 Seam Breaking Strength of Woven Textile Fabrics D 4491-85 Test Methods for Water Permeability of Geotextiles by Permittivity D 1117-80 Non-Woven Fabrics (Trapezoidal Tear Test) Army Corps of Engineers EM 1110-2-1906 Laboratory Soils Testing C-16 3. MATERIALS 3.1 Geotextile. The geotextile shall be a woven pervious sheet of plastic yarn as defined by ASTM D-123. The geotextile shall meet the - physical ,requirements listed in Table No. 1 of the specifications. The geotextile fiber shall consist of a long-chain synthetic polymer composed of at least 85 percent by weight of polypropylene, ethylene, ester, amide, or vinylidene-chloride, and shall contain stabilizers and/or inhibitors added to the base plastic if necessary to make the filaments resistant to deterioration due to ultra-violet and heat exposure. The edges of the geotextile shall be finished to prevent the outer fiber from pulling away from the geotextile. 3.2 Seams. The seams of the geotextile shall be sewn with thread of a material meeting the chemical requirements given above for geotextile yarn or shall be bonded by cementing or by heat. The sheets of geotextile shall be attached at the factory or another approved location, if necessary, to form sections not less than 15 feet wide. The seams shall be tested in accordance with method ASTM D 1683, using 1-inch square jaws and 12 inches per minute constant rate of traverse. The strength shall be not less than 90% of the required tensile strength (Table 1) of the unaged .geotextile in any principal direction. 3.3 Acceptance Requirements. All brands of geotextile and all seams to be used shall be accepted on the following basis. The Contractor shall furnish the Contracting Officer, in duplicate, a mill certificate or affidavit signed by a legally authorized official from the company manufacturing the geotextile. The mill certificate or affidavit shall attest that the geotextile meets the chemical, physical and manufacturing requirements stated in this specification. When samples are to be provided, they shall be submitted a minimum of 60 days prior to the beginning of installation of the same geotextile. All samples provided shall be from the same production lot as will be supplied for the contract, and shall be the full manufactured width of the geotextile by at least 10 feet long, except that samples for seam strength may be a full width sample folded over and the edges stitched for a length of at least 5 feet. Samples submitted for testing shall be identified by manufacturers lot designation. 3.4 Determination of Equivalent Opening Size (EOS) . Five unaged geotextile samples shall - be tested. Obtain 50 gm of each of the following fractions of standard glass beads: U.S. Standard U.S. Standard Designated Sieve Number Designated Sieve Number EOS Passing Retained On EOS Passing Retained On 20 18 20 70 60 70 C-17 30 25 30 80 70 80 40 35 40 100 80 100 50 45 50 120 100 120 140 120 140 Two suitable sources of suitable glass beads are: Cataphote Division Potter Industries Inc. Ferro Corporation or 377-T Route 17 P.O. Box 2369 Hasbrouck Heights, NJ 07640 Jackson, Mississippi 39205 (201) 288-4700 (601) 939-4631 Glass beads should be at least 90 percent true spheres. Beads should not be used without verifying the sizing by sieving on the sieves given for the above for each designated EOS. Beads shall be periodically re-sieved to eliminate beads of other sizes, broken beads, and other undesirable material. The geotextile shall be affixed to a standard sieve 8 inches in diameter having openings larger than the largest glass beads to be used in the test. The textile shall be attached to the sieve in such a manner that no beads can pass between the geotextile and the sieve wall. Shaking shall be accomplished as described in paragraph 2d(1) (g) , Appendix V, EM 1110-2-1906, except the time for shaking shall be 20 minutes. Determine by sieving (using successively coarser fractions) that size of beads of which five percent or less by . weight passes through the geotextile; the equivalent size, EOS of the geotextile specimen is the "retained on" U.S. Standard Sieve Number or nominal sieve opening in millimeters of this fraction. A minimum of five randomly chosen specimens shall be tested. The EOS for the fabric sample shall be reported as the value(s) representing the largest and smallest EOS values of the individual specimen. 3.5 Determination of Percent of open Area. Five samples of unaged geotextile shall be placed separately in a 2-inch by 2-inch slide holder and the image projected with a slide projector on a rigid screen. A square block of 25 openings near the center of that image shall be selected and the length and width of each of the 25 openings shall be measured . to the nearest 0. 02 inch. The total area shall be determined by measuring the length to the sides of the 5 openings and 5 adjacent fibers in each direction to the nearest 0.02 inch. The percent open area is determined by dividing the sum of the 25 openings and their adjacent fibers. The percent open area shall be quoted as the percent determined by averaging the percent open area of the five individual specimens. However, if more than one of the five specimens are outside the specified POA limits, the fabric shall be considered to have failed the test. C-18 4. SHIPMENT AND STORAGE During all periods of shipment and storage, the geotextile shall be protected from direct sunlight, ultra-violet rays, temperatures greater than 140 degrees Fahrenheit, mud, dirt, dust and debris. To the extent possible, 'the fabric shall be maintained wrapped in a heavy duty protective covering. 5. ' INSTALLATION OF THE GEOTEBTILE The geotextile shall be placed in the manner and at the locations shown on the drawings. Geotextile is required only along the landside slope of the jetty and extending landward one sheet width, at least 15 feet, from Sta. 10+00 to Sta 12+00. At the time of installation, the geotextile shall be rejected if it has defects, rips, .holes, flaws, deterioration or damage incurred during manufacture, transportation or storage. The surface to receive the geotextile shall be prepared to a relatively smooth condition free of obstructions, depressions, debris and soft or low density pockets of material. All voids on the landward slope shall be filled to the maximum extent possible with beeding size stone prior to the placement of the geotextile. Erosion features landward of the jetty toe such as rills, gullies, etc. must be graded out of the surface before geotextile placement. Any grading performed landward of the jetty toe in preparation for the placement of the geotextile fabric shall be directed towards the jetty face in an effort to fill crevices between the armor' stones and the bedding stone, to provide a smooth face for placement of the geotextile over the jetty landside slope. The geotextile shall be placed only with the long dimension either parallel or perpendicular to the centerline of the jetty and as shown on the plans and laid smooth and free of tension, stress, folds, wrinkles, or creases. The strips shall be placed to provide a minimum width. of 3 feet of overlap for each joint.. Temporary pinning of the textile to help hold it in place shall be allowed. The placement procedure requires that the length of the geotextile be approximately 15 percent greater than the slope length. The Contractor shall adjust the actual length of the geotextile used based on initial installation experience. After placement of the geotextile, a 6" layer of 111to 3" stone shall be placed over the geotextile, to prevent movement of the material. The geotextile shall be protected at all times during construction from contamination by surface runoff and any geotextile so contaminated shall be removed and replaced with uncontaminated geotextile. Any damage to the geotextile during its installation shall be replaced by the Contractor at no cost to the Government. The work shall be scheduled so that covering of the geotextile with a layer of the specified C-19 material is accomplished within 7 calendar days after placement of the geotextile. Failure to comply shall require replacement of the geotextile. The geotextile shall be protected from damage prior to and during placement of other materials. Before placement the Contractor shall demonstrate that the placement technique will prevent damage to the geotextile. In no case shall any type of equipment be allowed on the unprotected geotextile. 6. MEABIIREMENT AND PAYMENT For purposes of payment, the installed geotextile shall be measured in place to the nearest square yard of protected area as delineated in the drawings. Payment shall be made at the contract unit price and shall constitute full compensation for the Contractor for providing all plant, .labor, material, and equipment and performing all operations necessary for the complete and satisfactory installation of the geotextile, including: a. material and associated equipment and operation used in laps, seams, or extra length; b. securing pins and associated material, equipment, and operations; No payment shall be made for geotextiles replaced because of contamination or damage due to Contractor's. fault or negligence. Payment for the placement of bedding stone between voids in the armor stone on the landward slope is included under Item No. 6. Payment for providing and placing the 6" layer of 1" to 3" stone over the geotextile will be paid for on a per cubic yard basis under Item #14. C-20 TABLE 1 - PHYSICAL REQUIREMENTS Physical Property Test Procedure Acceptable Values++ Tensile Strength ASTM D 1682 Grab Test Method 275 pound minimum in +(unaged geotextile) using 1 inch square jaws and any principal and a 12 inches per minute direction. constant rate of traverse. Breaking Elongation ASTM D 1682 Determine 20 percent minimum in +(unaged geotextile) Apparent Breaking Elongation any principal direction. Puncture Strength ASTM D 3787 except polished 120 pound minimum. +(unaged geotextile) steel ball replaced with a 5/16 diameter solid steel cylinder with a hemispherical tip centered within the ring clamp. Abrasion Resistance ASTM D 3884 Rubber-base 55 pound minimum abrasive wheels equal to Residual Breaking CS-17 "Calibrase" by Taber Load in any principal Instrument Co. ; 1 kilogram direction load per wheel; 1000 revolutions, determine residual breaking load. Equivalent Opening Specification Paragraph No finer than the U.S. Size (EOS) titled "Determination of Standard Sieve Size Equivalent Opening Size No. 70, and no coarser (EOS) ." than the U.S. Standard Sieve No. 30. Percent Open Area Specification Paragraph The percent of open (POA) titled, "Determination area shall not be less of Percent Open Area. " than 10 percent. Tear Strength ASTM D 1117 Trapezoidal 120 pounds. Tear Strength. + Unaged geotextile is defined as geotextile in the condition received from the manufacturer or distributor. ++ All numerical values represent minimum average roll values (i.e. , any roll in a lot should meet or exceed the minimum in the table) . C-21 SECTION C DESCRIPTION/SPECIFICATIONS TECHNICAL PROVISIONS PART III - ENVIRONMENT PROTECTION 1. SCOPE. This section covers prevention of environmental pollution and damage as the result of the construction operations under this contract and for those measures set forth in other Technical Provisions of these specifications. For the purpose of this specification, environmental pollution and damage is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to man; or degrade the utility of the . environment for aesthetic, cultural and/or historical purposes. The control of environmental pollution and damage requires consideration of air, water and land, and includes management of visual aesthetics, noise, solid waste, radiant energy and radioactive materials, as well as other pollutants. 2. QUALITY CONTROL. The Contractor shall 'establish and maintain quality control for environmental protection of all items set forth herein. The Contractor shall record on daily reports any problems in complying with laws, regulations and ordinances and corrective actions taken. 3. PERMITS OBTAINED BY THE CORPS OF ENGINEERS. The Contractor shall comply with all requirements under the terms and conditions set out in the following permit(s) obtained by the Corps of Engineers. (1) A certification of consistency with the New York State Coastal Zone Management was received for the project from the State of New York - Department of State by letter of 1 September 1993. (2) A Water Quality certificate was received from the New York State Department of Environmental Conservation by letter dated 4 October 1994. A copy of New York State's Water Quality Certificate is attached as Attachment F, Section J of the specifications. 4. SUBMITTALS. The Contractor shall submit an environmental protection C-22 plan in accordance with provisions as herein specified. 4.1 Environment Protection Plan. The Environment Protection Plan shall include but not be limited to the following: (1) A list of Federal, State and local laws, regulations and permits concerning environmental protection, pollution control and abatement that are applicable to the Contractor's proposed operations and the requirements imposed by those laws, regulations and permits. (2) Methods for protection of features to be preserved within authorized work areas. The Contractor shall prepare a listing of methods to protect resources needing protection, i.e. , trees, shrubs, vines, grasses and ground cover, landscape features, air and water quality, fish and wildlife, soil, historical, . archaeological and cultural resources. (3) Procedures to be implemented to provide the required environmental protection and to comply with the applicable laws and regulations. The Contractor shall set out the procedures to be followed to correct pollution of the environment due to accident, natural causes or failure to follow the procedures set out in accordance with the environment protection plan. (4) Permit or license and the location of the solid waste disposal area. (5) Drawings showing locations of any proposed temporary excavations or embankments for haul roads, stream crossings, material storage areas, structures, sanitary facilities, and stockpiles of excess or spoil materials. (6) Environmental monitoring plans for the job site, including land, water, air, and noise monitoring. (7) Traffic control plan. (8) Methods of protecting surface and ground water during construction activities. (9) Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or non-use. (10) Plan of excavation and stockpile area. 4.2 Implementation. After receiving the Notice to Proceed, the Contractor shall submit in writing the above Environmental Protection Plan within the time specified under special provisions. Approval of the Contractor's plan will not relieve the Contractor of his responsibility for adequate, C-23 and continuing control of pollutants and other environmental protection measures. S. SUBCONTRACTORS. Compliance with the provisions of this section by subcontractors will be the responsibility of the Contractor. 6. NOTIFICATION. The Contracting Officer and/or his Representative will notify the Contractor in writing of any non-compliance with the aforementioned Federal, State or local laws or regulations, permits and other elements of the Contractor's environmental protection plan. The Contractor shall, after receipt of such notice, immediately inform the Contracting Officer and/or his Representative of proposed corrective action and take such action as may be approved. If the Contractor fails or refuses to comply promptly, the Contracting Officer and/or his Representative may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for excess costs or damages by the contractor. 7. PROTECTION OF ENVIRONMENTAL RESOURCES. The environmental resources within the project boundaries and those affected outside the limits of permanent work under this contract shall be protected during the entire period of this contract. The Contractor shall confine his activities to areas defined by the drawings and specifications. Environmental protection shall be as stated in the following sub-paragraphs. 7.1 Protection of Land Resources. Prior to the beginning of any construction, the Contractor shall identify all land resources to be' preserved within the Contractor's work area. The Contractor shall not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, top soil, and land forms without special permission from the Contracting Officer. No ropes, cables, or guys shall be fastened to or attached to any trees for anchorage unless specifically authorized. Where such special emergency use is permitted, the _Contractor shall provide effective protection for land and vegetation resources at all times as defined in the following sub-paragraphs. 7. 1. 1 Work Area Limits. Prior to any construction the Contractor shall mark the areas that are not required to accomplish all work to be performed under this contract. Isolated areas within the general work area which are to be saved and protected shall be also marked or fenced. C-24 Monuments and markers shall be protected before construction operations commence. Where construction operations are to be conducted during darkness, the markers shall be visible. The Contractor shall convey to his personnel the purpose of marking and/or protection of all necessary objects. Jobsite fencing is required around all work areas. 7.1.2 Protection of Landscape. Trees, shrubs, vines, grasses, land forms and other landscape features indicated and defined on the drawings to be preserved shall be clearly identified by marking, fencing, or wrapping with boards, or any other approved techniques. 7.1.3 Reduction of Exposure of Unprotected Erodible Soils. Earthwork brought to final grade shall be finished as indicated and specified. Side slopes and back slopes shall be protected as soon as practicable upon completion of rough grading. All earthwork shall be planned and conducted to minimize the duration of exposure of unprotected soils. Except in instances where the constructed feature obscures borrow areas, quarries and waste material areas, these areas shall not initially be cleared in total. Clearing of such areas shall progress in reasonably sized increments as needed to use the areas developed as approved by the Contracting Officer. 7. 1.4 Temporary Protection of Disturbed Areas. Such methods as necessary shall be utilized to effectively prevent erosion and control sedimentation, including but not limited to the following: (1) Retardation and Control of Runoff. Runoff form the construction site shall- be controlled by construction of diversion ditches, benches, and berms to retard and divert runoff to protected drainage courses, and any measures required by area-wide plans approved under paragraph 208 of the Clean Water Act. 7.1.5 Erosion and Sedimentation Control Devices. The Contractor shall construct or install all temporary and permanent erosion and sedimentation control features as indicated on the drawings. Temporary erosion and sediment control measures such as berms, dikes, drains, sedimentation basins, grassing and mulching shall be maintained until permanent drainage and erosion control facilities are completed and operative. 7. 1. 6 Spoil Areas on Government Property. Spoils areas on Government property shall be managed and controlled to limit spoil to areas designated on the drawings and prevent erosion of soil or sediment from entering nearby water courses. Spoil areas shall be developed in accordance with the grading plan indicated on the drawings. C-25 7.1.7 Temporary Excavations and Embankments. Temporary excavations and embankments for plant and/or work areas shall be controlled to protect adjacent areas from despoilment. 7.1.8 Disposal of Solid Wastes. Solid wastes (excluding clearing debris) shall be placed in containers which are emptied on a regular schedule. All handling and disposal shall be conducted to prevent contamination. 7.1.8.1 Disposal of Solid Waste by Removal from Government Property. The Contractor shall transport all solid waste off Government property and dispose of it in compliance with Federal, State, and local requirements for solid waste disposal. 7.1.9 Disposal of Chemical Waste. Chemical waste shall be stored in corrosion resistant containers, removed form the work area and disposed of in accordance with Federal, State and local regulations. 7.1.10 Disposal of Discarded Materials. Discarded materials other than those which can be included in the solid waste category will be handled as directed by the Contracting Officer. 7.2 Preservation and Recovery of Historical, Archaeological and Cultural Resources. Existing historical, archaeological and cultural resources within the Contractor's work area will be so designated by the Contracting Officer and precautions taken to preserve all such resources as they existed at the time they were pointed out to the Contractor. The Contractor shall install all protection for these resources so designated on the drawings and shall be responsible for their preservation during this contract. If during construction activities the Contractor observes unusual items that might have historical or archaeological value, such observations shall be reported as soon as practicable to the Contracting Officer. Recording and preservation of historical and archaeological finds during construction activities are specified in Special Provisions. 7.3 Preservation of Water Resources. The Contractor shall keep construction activities under surveillance, management and control to avoid pollution of surface and ground waters. Special management techniques as set out below shall be implemented to control water pollution by the listed construction activities which are included in this contract. 7. 3 .1 Monitoring of Water Areas Affected hy Construction Activities. Monitoring of water areas affected by construction activities shall be the responsibility of the Contractor. All water areas affected by construction activities shall be monitored by the Contractor. C-26 7.4 Protection of Fish and Wildlife. Resources. The Contractor shall at all times perform all work and take such steps required to prevent any interference or disturbance to fish and wildlife. The Contractor will not be permitted to alter water flows or otherwise disturb native habitat adjacent to the project area which in the opinion of the Contracting Officer and/or his Representative are critical to fish and wildlife. Fouling or Polluting of water will not be permitted. 7.5 Protection of Air Resources. The Contractor shall keep construction activities under surveillance and control to minimize pollution of air resources. All activities, equipment, processes, and work operated or performed by the Contractor in accomplishing the specified construction shall be in strict accordance with the State of New York rules or regulations and all Federal emission and performance laws and standards. Ambient Air Quality Standards set by the Environmental Protection Agency shall be maintained for these construction operations and activities specified in this section. Special management techniques as set out below shall be implemented to control air pollution by the construction activities which are included in the contract. 7.5.1 Particulates. Dust particles from all construction. activities, processing and preparation of materials shall be controlled at all times, including weekends, holidays and hours when work is not in progress. 7.5.1.1 Particulates Control. The Contractor shall maintain all excavations, permanent and temporary access roads, plant sites, spoil areas, borrow areas, and all other work areas within or outside the project boundaries free from particulates which would cause the air pollution standards mentioned in paragraph 7.5 above to be exceeded or which would cause a hazard or a nuisance. Sprinkling, chemical treatment of an approved type, light bituminous treatment, baghouse, scrubbers, electrostatic precipitators or other methods will be permitted to control; particulates in the work area. Sprinkling, to be efficient, must be repeated at such intervals as to keep the disturbed area damp at all times. The Contractor must have sufficient competent equipment available to accomplish this task. Particulate control shall be performed as the work proceeds and whenever a particulate nuisance or hazard occurs. 7.5.2 Hydrocarbons and Carbon Monoxide. Hydrocarbons and carbon monoxide emissions from equipment shall be controlled to Federal and State allowable limits at all times. 7.5.3 Odors. Odors shall be controlled at all times for all construction activities, processing and preparation of materials. C-27 7.5.4 Monitoring of Air Quality. Monitoring of air quality shall be the responsibility of the Contractor. All air areas affected by the construction activities shall be monitored by the Contractor. 7.6 Protection of Sound Intrusions. The Contractor shall keep construction activities under surveillance, and control to minimize damage to the environment by noise. The Contractor shall use methods and devices to control noise emitted by equipment to sound levels as given in the following table: TABLE 1: PERMISSIBLE NON-DOD NOISE EXPOSURES Duration per day, hours Sound level dB(A) slow response 8 90 6 92 4 . . . . . . . . . . . . . . . . . . . . . . 95 3 . . . . . . . . . . . . . . . . . . . . . . 97 2 100 1. 5 102 1 105 0.5 110 0.25 o . . 115 When the daily noise exposure is composed of two or more periods of noise exposure of different levels, their combined effects should be considered rather than the individual effect of each. Exposure to different levels for various periods of time shall be computed according to the following formula: Fe = T1/Ll + T2/L2 + + Tn/Ln where; Fe = Equivalent noise exposure factor To = The period of noise exposure at any constant level (in hours) L() . = The duration of the noise exposure at the constant level from Table 1 If Fe exceeds one(1) , hearing protection is required. S. POST CONSTRUCTION CLEAN-IIP. The Contractor shall clean-up the area(s) used for construction. 9. RESTORATION OF LANDSCAPE DAMAGE. The Contractor shall restore all landscape features damaged or destroyed during construction operations inside or outside the limits of the approved work areas. Beach grass or other natural resources inside the work area will have to be replaced if disturbed. Such restoration shall be in C-28 accordance with the plan submitted for the Contracting Officer's approval. This work will be accomplished at the Contractor's expense. 10. MAINTENANCE OF POLLUTION CONTROL FACILITIES. The Contractor shall maintain all constructed facilities and portable pollution control devices for the duration of the contract or for that length of time construction activities create the particular pollutant. 11. TRAINING OF CONTRACTOR PERSONNEL IN POLLUTION CONTROL. The Contractor shall train his personnel in all phases of environmental protection. This training shall include methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and installation and care of facilities (vegetative covers, and instruments for monitoring purposes) to ensure adequate and continuous environmental pollution control. 12. PAYMENT. No separate payment or direct payment will be made for the cost of the work covered under this section, and such work will be considered as a subsidiary obligation of the Contractor. C-29 SECTION D PACKAGING AND MARRING NOT USED D SECTION E INSPECTION AND ACCEPTANCE (Quality Control) EE SECTION E INSPECTION AND ACCEPTANCE (Quality Control Implementation) PART I MAINTENANCE DREDGING PARA TITLE PAGE 1 General E-1 2 Pre-Dredging Conference E-1 3 Submittals E-1 4 Quality Control Program E-2 5 Completion E-3 6 Quality Control Documentation E-3 7 Measurment and Payment E-3 PART II JETTY REPAIR PARA TITLE PAGE 1 Introduction. E-4 2 Enforcement E-5 3 Coordination Meeting E-5 4 Quality Control Plan E-5 5 Quality Control Organization E-7 6 Submittals E-8 7 The Three Phases of Control E-8 8 Testing E-10 9 Completion Inspection E-12 10 Documentation E-12 11 Reporting and Resolution of Deficiencies E-14 PART III SHOP DRAWINGS AND OTHER SUBMITTALS -JETTY REPAIR PARA TITLE PAGE 1 Submittals E-16 E SECTION E PART I - JETTY REHABILITATION INSPECTION AND ACCEPTANCE (QUALITY CONTROL IMPLEMENTATION) 1. INTRODUCTION. . 1.1 General. The Contractor shall establish and maintain an effective quality control system in compliance with requirements indicated herein and, elsewhere in contract documents, including the contract clause entitled "Inspection of Construction". 1.2 Definition. Contractor Quality Control (CQC) is a management system employed by the Contractor which assures that the construction complies with the requirements of the contract plans and specifications. It includes a staff of personnel who represent the Contractor and who represent the Contractor and who continually carry out a system of controls consisting of sampling, inspection, corrective measures and reporting, all toward the end of assuring the Contractor (and the Government) of construction in strict compliance with contractor documents. 1.3 Outline of Activities. CQC activities are keyed to the construction sequence and include: i (1) Inspections of all materials prior to construction and of all work in place. (2) Control and review of all submittals including those for shop drawings, materials, certifications, test results, etc. (3) Arranging for and/or conducting of required Quality Control testing whether 'on site, off site or at factory. (4) Evaluation of test results and submission of results. (5) Preparation and submission of all QC inspection results, and management documentation. (6) Implementation of measures appropriate to correct deficiencies discovered. (7) Insuring that all safety requirements of the contract are complied with. 1.4 Contracting Officer and Government. Notations "Contracting officer" and "Government" will mean Contracting officer or his authorized representative. E-1 2. ENFORCEMENT. The Government will expect full compliance with all aspects of contract requirements including the CQC system. If the Government determines that the Contractor is chronically or grossly non-compliant with CQC requirements the Government may: (1) Refuse to allow work to continue in aspects of the work found to be deficient; or stop any work built upon such deficient work. Resulting delays shall not constitute a basis for a valid claim for extension of time or for excess costs or damages by the Contractor. (2) Require the Contractor to revise his QC plan. (3) Require the Contractor to replace some or all of the individuals with the CQC system. (4) Refuse payment for defective work. (5) Issue an interim unsatisfactory performance appraisal which may result in future low bid rejection. (6) Require the Contractor to assign additional individuals to his . QC staff at no additional cost to the Government. Aggressive and effective application of CQC program will minimize or eliminate the need for the Government to take the above actions. 3. COORDINATION MEETING. Before start of construction, the Contractor shall meet with the Contracting Officer (CO) and discuss the Contractor's Quality Control system. During the meeting, a mutual understanding of the system details shall be developed, including the forms for recording the CQC operations, control activities, testing, administration of the system for .both on site and off site work, and the interrelationship of Contractor's management and control with the Government's inspection. Minutes of the meeting shall be prepared and signed by both the Contractor and the CO. The minutes shall become a part of the Contract File. There may also be occasions when subsequent conferences will be called to reconfirm mutual understandings. 4. QUALITY CONTROL PLAN. 4.1 General. The Government will consider an interim plan for the first 45 days of operation. However, the Contractor shall furnish for acceptance by the Government, not later than 45 days after receipt of Notice to Proceed, the Contractor Quality (CQC) Plan (4 copies) with which he proposes to implement the requirements of Contract Clause "Inspection of Construction" and requirements of the Contract regarding Quality Control. The plan shall identify E-2 personnel, procedures, instructions, records, and forms to be used. If the Contractor fails to submit an acceptable QC plan within the time herein prescribed, the CO may refuse to allow construction to start if an acceptable interim plan is not furnished or withhold funds from progress payments in accordance with the Contract Clause entitled "Payments Under Fixed-Price Construction Contracts" , until such time as the Contractor submits an acceptable final plan. 4.2 The Quality Control Plan. This plan shall include as a minimum, the following; (1) A description of the quality control organization, including a chart showing lines of authority and acknowledgment that the CQC staff shall implement the three phase control system for all aspects of the work specified. The plan shall also indicate the name and position within the Contractor's management structure if the individual to whom the CQC system manager reports. (2) The name, qualifications, duties, responsibilities and authorities of each .person assigned a QC function. (3) ' A copy of the letter to the QC manager signed by an authorized officer of the firm, which describes the responsibilities and delegates the authorities of the QC manager shall be furnished. (4) Procedures for scheduling and managing submittals, including those of subcontractors, off site fabricators, suppliers and purchasing agents. (5) A list indicating all tests to be performed as well as control procedures (ie. , frequency of tests; at what points or locations, under what conditions, etc. ) for each specific test- will be submitted as part of the QC plan. Laboratory facilities will preferably be from a list of Corps of Engineers certified laboratories. (6) Reporting procedures including proposed reporting formats. (7) A list of all definable features of work for the project. This list shall indicate approximate dates when preparatory and initial phases will be performed, and shall be coordinated with the progress schedule or chart. (See Para. 7 for Three Phase Control System) . 4.3 Acceptance of Plan. Acceptance of the Contractor's plan is required prior to the start of construction. Acceptance is conditional and will be predicated on satisfactory performance during the construction. The Government reserves the right under the contract to require the Contractor to make changes in his QC plan and operations as necessary to E-3 obtain the quality specified. 4.4 Notification of Changes. After acceptance of the QC plan, the Contractor shall notify the CO in writing of any proposed change. Proposed changes are subject to acceptance by the CO. 5. QUALITY CONTROL ORGANIZATION. 5.1 CQC system Manager. 5.1.1 General. The Contractor shall identify an individual, within his organization at the site of work, who shall be responsible for overall management of CQC and have the authority to act in all CQC matters for the Contractor. All CQC personnel will be directly . hired by and work for the Prime Contractor. The CQC System Manager must report to an officer in the Contractor's organization at a higher level than the Project Superintendent, and will work at the job site full-time having no duties other than Quality Control. 5.1.2 Minimum Oualifications for COCC System Manager. The minimum qualifications for CQC System Manager are three (3) years general experience in construction management at the skilled-craft or foreman level or above, plus one (1) year specialized experience as a CQC' representative. An associate's 'degree, or equivalent time of study ion engineering, technology, or vocational construction trade or a State Professional Engineer's License (obtained by examination) may substitute for 1 year- generalized experience. . An associates degree in Construction Management may substitute for 1 year specialized experience. 5.2 Personnel. 5.2.1 General. A staff shall be maintained under the direction of the CQC System Manager to perform all QC activities. The actual strength of the staff during any specific work period may vary to cover work phase needs, shifts, and rates of placement. The personnel of this staff shall be fully qualified by experience and technical training to perform their assigned responsibilities and shall be directly hired .by and work for the prime contractor. 5.2.2 Qualifications. Minimum qualifications for CQC personnel (other than manager) are; (1) Five (5) years experience in construction at technician, trade apprentice or journeyman level, or construction management or supervision. OR (2) Three (3) years experience as in (a) (above) plus sixty (60) college credits at any recognized university or college. E-4 OR (3) Three (3) years experience as in (a) (above) , one year of which as a CQC representative. The Government will consider qualifications other than indicated above, such as an Associates degree in Construction Management, on a case by case basis. 6. SUBMITTALS. Submittals shall be as specified in the specification section entitled "Shop Drawings and Other Submittals". The CQC organization shall be responsible for certifying that all submittals are in compliance with the contract requirements, and are submitted according to the date indicated on the Contractor's Submittal Register. The CQC organization is also responsible for physically checking all materials and equipment against approved shop drawings. 7. THE THREE PHASE CONTROL SYSTEM. The Three Phase Control System will be employed on this project and comprises a substantial portion of the QC system. The control system shall be adequate to cover all construction operations, including both on site and off site fabrication, and will be keyed to the proposed construction sequence. The controls shall include at least three phases of control for each definable feature of work. Preparatory, initial and follow- up inspections shall be made for each definable feature of work. 7.1 Definable Feature of Work; Definition. A definable feature of work (DFW) is a portion of construction . work consisting of materials, installation, procedures and supplies which are closely related to .each other, have the same control, and will be installed by the same work crew to completion. A DFW must be sufficiently small so that control of the work (ie. communication of requirements to workers, inspection of materials and workmanship, and correction of deficiencies) will be easily accomplished. Typically, a DFW is a portion of a specification section. 7.2 Three Phases of Control. 7.2 . 1 Preparatory Phase. This phase shall occur prior to beginning any work on any definable feature of work. It shall include a review of the contract requirements; a check to assure that all materials and/or equipment have been tested, submitted and approved; a check to assure that arrangements have been made to provide 'the required control testing; examination of the work area to ascertain that all preliminary work has bee completed; and a physical examination of the materials, equipment and sample work to assure that they conform to approved shop drawings or submittal data and that all materials and/or equipment are on hand. The CO shall be notified at least 48 hours in advance of beginning any of the required action of the E-5 preparatory phase. Normally a Government representative will attend all preparatory phase inspections. The minutes of the preparatory phase actions will be made a matter of record in the Contractor's Quality Control documentation as required in para. "Documentation" . Subsequent to the. preparatory phase and prior to commencement of work, the Contractor shall instruct all applicable workers as to the acceptable level of workmanship required in his CQC plan in order to meet the contract specifications. 7.2.2 Initial Phase. This phase starts as soon as a representative portion of the particular . feature of work has been accomplished. This phase shall include examination of the quality. of workmanship and a review of control testing for compliance with contract requirements. The work shall be inspected for use of defective or damaged materials, omissions, and dimensional requirements. The Contracting Officer shall be notified at least 48 hours in advance of the inspection of the initial phase. The inspection results shall be a matter of record in the QC documentation as required in para. "Documentation". The initial phase should be repeated for each new crew to work on the site, or if acceptable standards of workmanship are not being met. The Contractor ,shall provide each new crew complete information regarding the standard of construction established in the initial phase. 7.2.3. Follow-Up Phase. The QC staff shall conduct daily inspections to assure continuing compliance with contract requirements, including control testing, until completion of the particular feature of work. The inspections shall be made a matter of record in the CQC documentation as required below. They will be carried out on a spot-check basis for each definable feature of work. As deficiencies are found, the CQC representative shall enter them into CQC documentation and promptly inform the Project Superintendent or manager, who will promptly make corrections to deficiencies. A sufficient number of follow-up inspections will be conducted so as to assure the highest . quality construction as required by this contract. If inspection results continually reveal a high incidence of deficiencies for a particular definable feature of work then more follow-up inspections must be conducted in order to increase the percentage of work inspected for a particular definable feature of work. The CQC representative will decide if re-education of work crews is required to bring work up to standards. The Contractor and his QC staff is responsible for the quality of all the work installed. Final follow-up inspections shall be conducted and all deficiencies corrected prior to the start of any additional features of work, especially those which would tend to conceal deficiencies or prevent their correction. E-6 8. TESTING. 8.1 General. The Contractor shall perform tests specified or required to verify that control measures are adequate to provide a product which conforms to contract requirements. The CQC staff will participate to the maximum extent possible in the testing process including taking of samples, arranging for testing, performance of field tests on a spot- check basis, analyzing of data, and taking of corrective measures for unsatisfactory results. 8.2 Testing Laboratory. 8.2.1 Procurement. The Contractor shall procure the services of an industry recognized laboratory or he may establish an approved laboratory at the project site. Preferably, the outside laboratory will be from a list of Corps of Engineers certified laboratories. 8.2.2 Capability Check. The CO will have the right to check laboratory equipment in the proposed laboratory for compliance with standards set forth in the contract specifications and to check the laboratory technician's testing procedures and techniques. If the Contractor's lab passes inspection the lab will be considered acceptable for testing. If the lab passes inspection but has minor deficiencies, such deficiencies must be corrected and written notice submitted to the Government undersigned by both the laboratory and the Contractor and approved by the Government before testing can proceed. 8.2.3 Capability Re-Check. If the selected laboratory fails the capability check, the Contractor will be assessed a charge of $1, 000.00 to reimburse the Government for each succeeding re-check of the laboratory or the checking of a subsequently-selected laboratory. Such costs will be deducted from the contract amount due to. the Contractor. Under these circumstances,, work already in place will be re- checked on a spot-check basis to the satisfaction of the Contracting Officer, but at the Contractor's expense. All defective work found will be removed and replaced by the Contractor at no additional cost to the Government. 8.2.4 Project Laboratory. The CO will have the right to utilize the Contractor's control testing laboratory and equipment to make assurance tests and to check the Contractor's testing procedures, techniques, and test results at no additional charge to the Government. 8. 2.5 Samples Analyzed. All samples will be labeled and forwarded to testing facilities. Any returned samples will be cataloged and stored by the Contractor for the duration of the contract. E-7 8.2.6 Transportation of Samples for Testing. Costs incidental to the transportation of samples or materials will be borne by the Contractor. Samples of material for test verification and acceptance testing by the Government shall be delivered to the Corps of Engineers Division Laboratory whose .address will be furnished by the CO. 8.3 Testing Activities. The Contractor is responsible for all required testing, documentation and corrective measures. Through his QC staff and others, he will perform the required QC testing and controls, some activities of which are indicated below; (1) List of Tests. Prior to submittal of the QC plan, the Contractor will scan the technical sections of the specifications and shall prepare a list of tests to be performed by the Contractor in the field, as well as off-site at laboratory or factory facilities. The Contractor may indicate additional tests if desired. The list shall indicate test name, specification paragraph containing the test requirement, frequency of testing, and the personnel and laboratory responsible for each type of test. This list will serve as a basis for all testing conducted through the CQC system and will be submitted for approval as part- of the CQC plan. See form, "CQC TEST REPORT LIST" at the end of this section. (2) Performance of Tests. CQC representatives shall coordinate and control all sample gathering and forwarding of samples to outside laboratories. They shall also coordinate and control all on-site testing, and shall directly participate in on-site testing at least on a spot-check basis. CQC representatives shall insure that all results are received in a timely manner, and shall examine all test reports and enter tests and results in QC reports. CQC staff shall constantly monitor test results for compliance. with contract requirements. Test results not in conformance with contract requirements shall immediately be bought to the attention of the Government representative and appropriate personnel within the Contractor's organization for resolution. (3) Control of Testing. The Contractor, through his CQC staff will also; (a) Verify that testing procedures (including frequency of testing) comply with contract requirements. (b) Verify that facilities and testing equipment are available and comply with testing standards. E-8 (c) Check test field instrument calibration data against certified standards. (d) Verify that recording forms, including all of the test documentation requirements, have been prepared. (e) Insure that all required tests are performed and results submitted to the Government, and that all required operating tests are conducted and witnessed by the Government representative. 9. COMPLETION INSPECTION. At the completion of all work or any increment thereof established by a completion time stated in the paragraph "Commencement, Prosecution and Completion of Work" or stated elsewhere in the specifications, the QC System Manager shall conduct a completion inspection of the work and develop a "punch list" of items which do not conform to the approved plans and specifications. Such a list of deficiencies shall be included in the C documentation, as required by [paragraph 10 below, and shall include the estimated date by which the deficiencies will be corrected. The CQC System Manager or his staff shall make a second completion inspection to ascertain that all deficiencies have been corrected and so notify the Contracting Officer's Representative. The completion inspection and any deficiency corrections required by this paragraph will be accomplished within the time stated for completion of the entire work or any particular increment thereof if the project is divided into increments by separate completion dates. 10. DOCUMENTATION. 10.1 General. As described above the CQC system is a "self- policing" control system whereby the Contractor is expected to prevent, discover and correct all deficiencies in materials, construction, workmanship, etc. on the Contractors' own project. As such, in order to insure that the Contractor carries out his QC responsibilities, the Government requires rigorous documentation and reporting of all CQC activities and results. REQUIREMENTS FOR QUALITY CONTROL DOCUMENTATION AND REPORTING WILL BE STRICTLY ENFORCED. All QC reports, test results, etc. are expected to be legible literate, complete, and will be submitted on time. They are expected to be of sufficient quality to serve as legal evidence if required. The Contractor shall make provisions for allocation of appropriate and sufficient personnel resources to accomplish the above objectives with respect to QC documentation. Forms with additional instructions are included at the end of this section. 10.2 QC Reports. The Contractor shall maintain current E-9 records of quality control operations, activities, and tests performed including the work of suppliers and subcontractors. These records shall be on an acceptable form including appropriate continuation sheets, and shall indicate a description of the trades working on the project, the numbers of personnel working, the weather conditions encountered, any delays encountered and acknowledgment of deficiencies noted -along with the corrective actions taken on current and previous deficiencies. The 2-page form at the end of the section will be used for the basic CQC report. A list of ongoing deficiencies to be corrected will be attached to the QC report for each day using the form "LIST OF OUTSTANDING DEFICIENCIES". As deficiencies are corrected they are to be acknowledged in the day's CQC report and deleted from the list. QC information relative to all trades will be included in each day's QC report. In addition these records shall include factual evidence that required activities or tests have been performed, including but not limited to the following: (1) Type and number of control activities (inspections, checks, etc. ) and tests followed. (2) Result of control activities or tests. (3) Nature of defects, causes for rejection, etc. (4) Proposed remedial action. (5) Corrective actions taken. (6) Weather . conditions and number of personnel and equipment on the project. These records shall cover both conforming and defective or deficient features and shall include a statement that supplies and materials incorporated in the work comply with the contract. Legible copies ',,of these records shall be furnished to the CO daily, and are due the day following the period covered. 10.3 Instructions for Completing "CQC Preparatory/Initial Construction Report". 10.3 . 1 Columns 1 Through 6. The form is included at the end of this section. The Contractor shall make up a list of inspections by filling in Columns 1, 2 and 3 of the form allowing 3 lines for each Definable Feature of Work, and submit the entire list as part of the CQC plan. As inspections are performed, the Contractor will fill in columns 4, 5 and 6 and attach individual sheets to each CQC report. Minutes, of inspections will consist of a list of construction requirements for all items discussed and will be E-10 indicated .on an attached continuation sheet, and will be attached to the CQC report behind the "CQC Preparatory/Initial Inspection Report". 10.3.2 Continuation Sheet. On the continuation sheet the CQC representative shall indicate for each item of equipment or materials examined if they were physically inspected and if approved shop drawings have been received for each. List each item discussed separately, by number on the continuation sheet. 10.3.3 Column 5. Column 5, "RESULTS" is to indicate a net result of the entire inspection for each definable feature of work. Refer to any items in dispute by number and indicate the open items in Col. 5 of the form. 10.3.4 Deficiencies in QC Reporting. Deficiencies in QC reporting include failure to: (1) Indicate deficiencies discovered for the period covering the QC report. (2) Indicate outstanding deficiencies previously discovered, and which of them were being worked on during the reporting period. (3) Indicate which follow-up inspections were performed, and results. (4) Indicate tests being performed. (5) Indicate complete minutes of Preparatory and Initial Inspections including construction requirements discussed and results of inspections. (6) Submit QC reports on time. 10.3.5 Timeliness. All CQC reports must be legible, literate, complete and must be submitted on time. These requirements will be strictly enforced. 11. REPORTING AND RESOLUTION OF DEFICIENCIES. The Contractor will be notified of any construction deficiencies or deficiencies in his QC system by the Contracting Officer or by the Contractor's QC staff. Such notice, when delivered to the Contractor or his representative at the site of the work, shall be deemed sufficient for the purpose of notification. The Contractor will enter such deficiencies or verbal instructions into the next CQC report along with a timetable for correction. Such timetable must meet with the approval of the Contracting Officer. All deficiencies must be promptly corrected. E-11 L The Contractor must correct all deficiencies within a trade before any new definable feature of work in that trade are begun. Failure to accomplish corrections as indicated may result in the Contracting Officer suspending work in the trade(s) involved. Those deficiencies being corrected on an ongoing basis, will be listed and attached to each required CQC report. The Contractor will indicate which items were worked on during the reporting period, and will delete items from the list as corrections are made. Government recourse to Contractor's failure to acknowledge and promptly correct deficiencies reported to him are indicated in the paragraph entitled "Enforcement". E-12 SECTION E PART II - SHOP DRAWINGS AND OTHER SUBMITTALS JETTY REPAIR 1. SUBMITTALS. 1.1 Definition. The term "submittals" refers to all shop drawings, samples, letters of certification, tests or other engineering information that may be required by the Contractor for quality control and as required by the contract documents. 1.2 ENG FORM 4288. Within 30 days, 15 days if the construction completion time is 180 days or less, after receipt of Notice to Proceed, the Contractor shall complete and submit to the Contracting Officer, in triplicate, submittal register ENG FORM 4288 listing all submittals and dates. The ,list is included herein. 1.3 Other Submittals. In addition to those items listed on ENG FORM 4288, the Contractor will furnish submittals for any deviation from the plans and specifications. The scheduled need dates of submittals must be recorded on the document for each item for control purposes. In preparing the document, adequate time (minimum of 30 days) will be allowed for review and approval and possible resubmittal for each submittal requiring approval. Scheduling shall be coordinated with the approved progress schedule. The Contractor's Quality Control Representative shall review the listing at least every 30 days and take appropriate action to maintain an effective system. In the case where a Quality Control Representative is . not required, the Contractor's authorized representative shall be responsible for reviewing the listing. Copies of updated or corrected listings shall be submitted to the Contracting Officer at least every 60 days in the quantity specified. Payment will not be made for any material or equipment which does not comply with the contract requirements. 1.3 Contractor Coordination, Review and Approval of Submittals. The Contractor shall coordinate all submittals and review them for accuracy, completeness and compliance with contract requirements and shall indicate his approval thereon as evidence of such coordination and review. Submittals made to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate his approval or disapproval of the submittals and if not approved as submitted shall indicate his reason therefore. Any work done prior to 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 submittals, nor from responsibility for E-13 complying with the requirements in this contract, except with respect to variations described and approved in accordance with Section 1.4, below. Items submitted for information only (per ENG FORM 4288) will be returned to the Contractor with no action indicated. 1.4 Variations. If shop drawings or other submittals 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 variation(s) , he shall issue an appropriate contract modification, except that, if the variation is minor and does not involve a change in price or in time of performance, a modification need not be issued. 1.5 Number of Submissions Required, The Contractor shall submit to the Contracting Officer seven (7) copies of all shop drawings and other submittals as called for on ENG FORM 4288. Four (4) sets of all shop drawings will be retained by the Contracting Officer and three (3) sets will be returned to the Contractor. 1.6 ENG FORM 4025. The Contractor shall transmit Shop Drawings and other submittals on ENG FORM 4025, a sample of which is included herein. E-14 SUBMITTAL REGISTER TITLE AND LOCATION CONTRACT NUMUER :171 TV RII ILITATIONF_MATTITUCI( HARBOR, NY � CONIRACIOq SPECIFICATION SECTION TYPE OF SUBMITTAL CLASSI' CONTRACTOR FICA110N SCHEDULE OATES CONTRACTOR GOVERNMENT ACTION S A U F E E T S O 1 0 6 A ACTION , C 0 N N N 0 P NAS SPECIFICATION p P R S T l 11 l E 0 y E R ACTIVITY ITEM PARAGRAPH DE SCRIPT ION OF L A 1 N A O M R;O CUBE NUMBER NUMBER ITEM SUUMITIEO W E i A 1 E "''V APPROVAL MATERIAL SUBMIT G E T C P A R S T E E SUBMIT NEEDED NEEDED. CODE DATE TO E A A 0 L E , N.D DY By OVERN. CODE DATE REMARKS T R N O T'. MENT E T A T N. (To be reveiwed l + b C d A 0 Section C + T 9 h I l 1, l m n p P IT r T T Envir. Prot. Plan INmart A- -- x x K R 11_41. Progress Schedule . • x x H_28 Notific. of Work x x COR' COR ---------------- Section C Release form for off ' - ate i... , Loading facilities-• COR x X. }.. Section C Quarry Stone Test x x x x x Part . es At and •Quarry CDR Servece Recor s . PI jj�ENG FORM 4288,Aug 89 TER 413.1.10) , EDITION pF Ap4'41 OBSOLETE • P+p+ 01 - P+Ou IPmponml r CQC REPORT No. Date 1. Contractor's name and address: ' 2. Project Title: Location: Contract No.: I Weather. 4. Description and Location of Work (Include days of no work and reasons for. delay) 5. Labor and Fauipment Breakdown by trade (see continuation) 6. Follow—Up Inspections Performed Results and Corrective Actions Taken• Sheet 1 of 7. JOB SAFETY B. M;SC_ELLANEOUS ACTiVIT]ES AND REMARKS (CHECK APPROPRIATE BOX) ED A. PREPARATORY OR INITIAL INSPECTION HELD (SEE ATTACHED MINUTES) n B. TESTING PERFORMED-SEE ATTACHED TEST RESULTS AND/OR "CQC TEST REPORT" D C. OUTSTANDING DEFICIENCIES - SEE ATTACHED 'LIST' ID D. VERBAL INSTRUCTIONS RECEIVED (OR COMMENTS) BY COR D E. DELIVERY OF EQUIPMENT AND MATERIALS D F. SUBMITTAL ACTIONS G. MISC/REMARKS USE SPACE BELOW TO DESCkBE CHECKED ITEMS AS APPROPRIATE P. COt4TRACTOR'S VERIFICATION: THE ABOVE REPORT AND ATTACHMENTS ARE COMPLETE AND ALL SUPPLIES, M.ATER:MLS, EQUIPMENT AND WORKMANSHIP INCORPORATED INTO THE WORK nRE Il: FULL COMPLIANCE WITH THE CONTRACT EXCEPT AS NOTED. SIG'�ED SHEET 2 OF - CQC RE.=_zSrNTATIVE roc 'RT NO. SHEET of CQC 5T REPORT LIST DATE PRO.,..... TITLEi • CONTRACTORS LOCATION, CONTRACT NUMBERe 1, SPEC. PARA. 2. TYPE OF TEST 3. DATE 4, RESULTS 5. REMnaKs OR DWG. REF. PERFORMED I U. NOTES ON USE OF THIS FORMe CONTRACTOR SHALL MAKE UP A LIST OF TESTS BY FILLING OUT COLUMNS 1 AND 2, ALLOWING 3 LINES FOR EACH ENTRY CONTRACTOR SHALL SUBMIT TO CONTRACTING OFFICER AS PART OF THE QUALITY CONTROL PLAN. AS TESTS ARE PERFORMED THE CONTRACTOR WILL F11. IN COLUMNS 3,4 AND 5, INCLUDING NAME OF LAB, AND SUBMIT INDIVIDUAL SHEETS AS PART OF CQC REPORT. :ql. :T NO. Sheol of CQC PREPARATORY/ DATE:___` "PO,,r-CT TITLE: INITIAL INSPECTION REPORT CONTRACTOR: PROJECT LOCATION: — CONTRACT �► 1. SPEC. PARA. OR DWG. 2. TYPE 13. DEFINABLE FEATURE OF 4. DATE 5. RESULTSREF. INSP' WORK PERFORMED 6. NAMES OF Al TENDE f �.P.�� REMARKS • I • NOTES ON USE OF THIS FORM: CONTRACTOR SHALL MAKE UP A LIST OF INSPECTIONS B$ FILLING IN COLUMNS 1.2. AND 3. ALLOWING 3 LINES FOR EACH ENT- SHALL SUBMIT TO CONTRACTING OFFICER AS PART OF THE QUALITY CONTROL PLAN. AS INSPECTIONS ARE PERFORMED. THE CONTRACTOR WILL FILL IN 4.5 AND 6 AND ATTACH INDIVIDUAL SHEETS TO THE COC REPORT. MINUTES OF INSPECTION WILL CONSIST OF A LIST OF CONSTRUCTION REQUIREMENTS FOR AL DISCUSSED AND WILL BE INDICATED ON ATTACHED CONTINUATION SHEET. SEE SPECIFICATIONS FOR MORE DETAILS. CQC REPORT NO. SIIEET Or LIST OF. OUTSTANDING DATE_ PROJECT TITLE -_ _ _ Ll►7 DEFICIENCIES CONTRACTORi LOCATION, -_ '---' - ----- CONTRACT SPEC. REF. LOCATION IN DESCRIPTION OF DATE DATE TO DE DATE ~ ^RLHARKS OR DWG. NO. BUILDING DEFICIENCY FOUND CORRECTED CORRECTED I TRANSMITTAL OF SHOP DRAWINGS, EQUIPMENT DAI .-JERIAL SAMPLE' S.OR unrE MANUFACTURER'S CERTIFICATES OF COMPLIANCE U NEW SUBMITTAL (Read imtructions ori the revittle tide prior to iisitoitinip this forinj LJ [IFSUBMITTAL Section I REQUEST EGUEST FOR APPROVAL OF THE FOLLOWING ITCMS (This so-ciiiiii kviii bL,ill V T 0: 1) Cul'tructurl FROM- CONTRACT NO. TRANSMITTAL NO. PREVIOUS TIIANS.NO. 111 aryl SPECIF—ICAT'I'O-N--*S'E-C—.'KO.-I'Cover only 'i"ll 0'J'E-C' -TTITLE' " AND LOCATION Ifaniniiiiall 7- U) ILI mr(3 Oil CONTR. CONTRACT REFERENCE W in Z DESCRIPTION OF ITEM SUHMITI[it) CAT.,CUIIVF a DOCUMENT FOR X. IType.size.model number.etc.1 DRAWING Oil U C E. to LL UIIOCIIUIIE NO. 0 USE (Set!111struction No.81 p SPEC. DRAWING (X CODE Z PARA.NO. SHEET NO. d. 9. It. M • f REMARKS I certify that the above submitted Items have heen ris- viewed In detail and are correct and in strict conform- ance rm- ance with the contract drawings and sliecilicallons except AS otherwise stated. Section 11 APPROVAL ACTION NAME AND SIGNATURE OF CONTRACTOR NAME,TITLE AN ,INCLOSURES RETURNED ILNII by Item No.1 . =D SIGNATURE OF APPROVING AUMORITY DATE ENG FORM 4025,Od 84 (EJ?415-1.10) EDITION OF JUL 81 IS OBSOLETE. U.S. GOYMMENT MINTINO OFFICF-119fill-457-1171/20020 (Proponent: DAEN-ECC.01 SHEET " OF INSTRUCTIONS 1, Section 1 will be initialed by the Contractor In the required number of copies, ?. Each transmittal shall be nunit Bred conseculively in the space provided lur"Transmittal Nu." This number,in addition to the contract nunwer,will form a serial number for identifying each submittal. Fur new tubmitlals or resubmillals mark the appropriate box,on re• tube utlslt,insert transmittal number of last submission as well as the new submittal number. 3. Tlee 'Item No."will be the Isms"Item No."at Indicated on ENG Form 4288 for each entry on this form. 4. Submittals requiring expeditious handling will be submitted can a separate form. , S. Separate transmittal form will be used for Shop Drawings submitted under separate sections of the specifications. B. A check shall be placed In the"Variation"column when a submittal is not in accordance with the plant and specifications• also,a written statement 10 that effect shell be Included in the space provided for"Remarks'. 7. Form Is self-transmittal;letter of transmittal is not required. B. When a temple of materiel of Msnulseturer's Certificat action 1. e of Compliance it transmitted,indicate"Sample"or-Certificate-In column c, M M 9. U.S.Army Corps of Engineers approving authority will assign action coder as indicated below in space provided In section 1,column h,to each Item submitted. In addition they will ensure Inclosures are indicated and attached to the form prior to return to the contractor. O • N ' THE FOLLOWING ACTION CODES ARE GIVEN TO ITEMS SUBMITTED A - Approved so submitted bd D - Will be returned by separate correspondence n 75' v 8 - Approved,except as noted on drawings. E - Disapproved(see attached) ftesubmistlon not required, C - Approved,except as noted on drawings. F Reeelpt acknowledged Refu to attached thset resubmistlon required, G Other (Specify) 10, Approval of Items does not relieve the contractor from complying with all the requirements of the contract plans and specifications. , SECTION F DELIVERIES AND PERFORMANCE NOT USED SECTION G CONTRACT ADMINISTRATION DATA NOT USED FIG SECTION H SPECIAL CONTRACT REQUIREMENTS HHH SECTION H SPECIAL CONTRACT REQUIREMENTS INDEX PARA TITLE PAGE H-1 COMMENCEMENT, PROSECUTION, & COMPLETION OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H-1 H-2 PERFORMANCE OF WORK BY THE CONTRACTOR. . . . . . . . . . H-1 H-3 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-2 H-4 LIQUIDATED DAMAGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-2 H-5 CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS. . . . . H-2 H-6 PHYSICAL CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . H-3 H-7 TIME EXTENSIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-6 H-8 LAYOUT OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-7 H-9 DATUM AND BENCHMARKS. . . . . . . . . . . . . . . . . . . . . . . . . H-7 H-10 HEAD PROTECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-9 H-11 SIGNAL LIGHTS. . . . . . H-9 H-12 MISPLACED MATERIAL. . . . . . . . . . . . . . . . . . . . . . . . . . . • . H-9 H-13 REVERSE SIGNAL ALARMS. . . . . . . . . . . . . . . . . . . . . . . H-10 H-14 CRANE AND DRAGLINE SAFETY REQUIREMENTS. . . . . . . . H-10 H-15 FLOATING PIPELINES. . . . . . . . . . . . . . . . . . . . . . . . . . . . H-11 H-16 INSPECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-12 H-17 ACCOMMODATIONS FOR GOVERNMENT INSPECTORS. . . . . . . H-12 H-18 EQUIPMENT AND OWNERSHIP EXPENSE SCHEDULE. . . . . . . H-13 H-19 OIL TRANSFER OPERATIONS. . . . . . . . . . . . . . . . . . . . . . . . H-13 H-20 WAGE RATES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-14 H-21 LABOR ADDITIONAL REQUIREMENTS. . . . . . . . . . . . . . . . . . H-14 H-22 NOTICE TO MARINERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-14 H-23 ENVIRONMENTAL LITIGATION. . . . . . . . . . . . . . . . . . . . . . . H-14 H-24 PERFORMANCE EVALUATION OF CONTRACTOR. . . . . . . . . . . H-15 H-25 ALTERATIONS IN CONTRACT. . . : . . . . . . . . . . . . . . . . . . . . H-15 H-26 PRICING OF ADJUSTMENTS. .. . . . . . . . . . . . . . . . . . . . . . . . H-15 H-27 PRECONSTRUCTION CONFERENCE. . . . . . . . . . . . . . . . . . . . . H-16 H-28 QUANTITY SURVEYS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-16 H-29 SAFETY SIGN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-17 H-30 PROJECT SIGN. . . . . . . . H-17 H-31 ACCIDENT PREVENTION PLAN. . . . . . . . . . . . . . . . . . . . . . . H-17 H-32 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTS. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . H-18 H-33 BID GUARANTEE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-18 H-34 SCHEDULING AND DETERMINATION OF PROGRESS. . . . . . . H-18 H-35 SPECIAL PROHIBITION OF EMPLOYMENT. . . . . . . . . . . . . . H-20 H-36 CONTINUING CONTRACTS. . . . . . . . . . . . . . . . . . . . . . . . . . . H-21 H-37 FIELD OFFICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-22 H-38 WARRANTY OF CONSTRUCTION. . . . . . . . . . . . . . . . . . . . . . . H-23 H-39 CERTIFICATES OF COMPLIANCE. . . . . . . . . . . . . . . . . . . . . H-24 H-40 RECORD DRAWINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-24 HH H-41 DESIGNATION OF PROPERTY ADMINISTRATOR. . . . . . . . . . H-25 H-42 PAYMENT FOR MATERIALS DELIVERED OFF-SITE. . . . . . . H-25 H-43 AVAILABILITY OF UTILITY .SERVICES. . . . . . . . . . . . . . . H-25 H-44 SUPERINTENDENCE OF SUBCONTRACTS. . . . . . . . . . . . . . . . H-26 H-45 PROCEDURE FOR SUBMISSION AND PAYMENT OF ALL CONTRACT PAYMENTS. . . . . . . . . . . . . . . . . . . . H-26 H-46 VERIFICATION OF SMALL BUSINESS UTILIZATION. . . . . H-29 H-47 PROTECTION OF EXISTING STRUCTURES. . . . . . . . . . . . . . H-29 H-48 AUTHORIZED CONSTRUCTION AREA AND TRESPASSING. . . H-29 H-49 DAMAGE TO WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-30 H-50 SUBMISSION OF CLAIMS. . . . . . . . . . . . . . . . . . . . . . . . . . . H-30 H SPECIAL CONTRACT REQUIREMENTS H-1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (1965 APRIL OCE) a. The Contractor will be required to commence work under this contract within 10 calendar days after the date of receipt- by him of notice to proceed, to prosecute said work diligently and to complete the jetty rehabilitation ready for use not later than 540 calendar days after the date of receipt by him of notice to proceed provided. The time stated for completion shall include final clean-up of the premises. (EFARS 52.2/9110 (a) ) . b. The work is estimated to cost between $1,000, 000.00 and $5, 000,000.00. c. Location: The work described within these specifications involves the rehabilitation of the western jetty of the Federal Navigation Project at Mattituck Harbor, Suffolk County, New York. d. The Contractor shall furnish all labor, materials, equipment and services (except for those furnished by the Government) for the following work: 1) Rehabiltation of the jetty as shown on the contract drawings. e. Order of work: The first order of work will be the rehabilitation of the jetty. The placement of the geotextile material and the subsequent placement of fill over the geotextile material shall be performed after the jetty rehabilitation is completed. f. All work shall be in accordance with the drawings and specifications or instructions attached hereto and made a part thereof, or to be furnished hereafter by the Contracting Officer and subject in every detail to his supervision, direction, and instructions. (DoD FAR Supplement 52.236- 7014) . H-2 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty LZ01 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performance of the work, Contractor requests a reduction and the Contracting Officer and/or his. Representative determines that the reduction would be to the advantage of the Government. (FAR 52.236-01) H-1 H-3 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR The Contractor shall furnish the Contracting Officer and/or his Representative within ten 10 days after award of the contract a list of items of work he will perform with his own forces and the estimated cost of those items. The percentage of work that must be performed by the Contractor is stated in the Special Contract Requirement entitled, H-2 "PERFORMANCE OF WORK BY THE CONTRACTOR". H-4 LIQUIDATED DAMAGES-CONSTRUCTION (APR 1984) a. If the Contractor fails to complete the work within the time specified in the contract, or any extensions thereof, the Contractor shall pay to the Government as liquidated damages, the sum of $1,015. 00 for each day of delay. b. If the Government terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work. C. If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted. (FAR 52.212-5) H-5 CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS (JAN 1965) a. Five sets of large scale (half-size optional) contract drawings, maps and specifications will be furnished to the Contractor without charge except applicable publications incorporated into the specifications by reference. Additional sets will . be furnished on request at the cost of reproduction. The work shall conform to the following contract drawings and maps, all of which form a part of these specifications and are available in the office of the District Engineer, U.S.Army Engineer District. Jacob Javits Federal Building, New York, N.Y. 10278-0090. CONTRACT DRAWING NO. DESCRIPTION DATE 50 - sheets WESTERN JETTY REHABILITATION 27 JAN 1 thru 15 MATTITUCK HARBOR 1995 Contract Plans b. Omissions from the drawings or specifications, or the misdescription of details * of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work but they shall be performed as if fully and correctly set forth and described in the drawings and specifications. H-2 C. The Contractor shall check all drawings furnished him immediately upon their receipt and shall promptly notify the Contracting Officer or Contracting Officer Representative of any discrepancies. Figures marked on drawings shall in general be followed in preference to scale measurements. Large scale drawings shall in general govern small scale drawings. The Contractor shall compare all drawings and verify the figures before laying out the work and will be responsible for any errors which might have been avoided thereby (DOD FAR Suppl. 52.236-7002) . H-6 PHYSICAL CONDITIONS (EFARS 52.236-4) (APR 1984) The information and data furnished or referred to below are not intended as representations or warranties but are furnished for information only. It is expressly understood that the Government will not be responsible for the accuracy thereof or for any deduction, interpretation or conclsion drawn therefrom by the Contractor. a. WEATHER CONDITIONS. The site of the work is exposed to severe wind and wave action and the Contractor's operations are likely to be affected by ordinary storms. (1) Fog. An examination of the records of the U.S. Weather Bureau at John F. Kennedy International Airport, New York, discloses an average of 31 days per year on which dense fog (visibility of 1/4 mile or less) occurs in the New York Harbor. area. The maximum number of days in which dense fog occurred in any year was 45 in 1959. The maximum number of days in which dense fog occured in any month was 4 days in June (2) Winds. Wind conditions in the New York Harbor areas, based on the records of the U.S. Weather Bureau at John F. Kennedy International Airport, New York are given below: Average Maximum Maximum Consecutive Wind 3 Hour Wind Hours in which wind Month Velocity Velocity Velocity exceeded (MPH) (MPH) 30 MPH 35 MPH Jan. 13 52 9 3 Feb. 14 41 18 6 Mar. 14 40 12 6 Apr. 13 44 6 6 May 12 35 3 0 June 11 29 0 0 July 11 28 0 0 Aug. 10 31 0 0 Sep. 11 31 3 0 Oct. 11 37 3 3 Nov. 12 40 12 6 Dec. 13 44 18 15 H-3 Weather conditions exceeding in severity the fog conditions described above or average wind speeds over 20 miles per hour will be considered unusually severe weather if delays are caused thereby to operations under the contract. (3) Monthly Anticipated Adverse Weather. The listing below defines the monthly anticipated adverse weather for the contract period and is based upon NOAA or similar data for the geographic location of the project. MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAY BASED ON (5) DAY WORK WEER STATION LOCATION: VARIOUS BASES, NY, NY JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ---------------------------------------------------------- (8) (7) (8) (7) (9) (10) (6) (5) (5) (6) (5) (7) b. TIDES. The mean range of tide in Mattituck Harbor is 5.2 feet and the mean range of spring tide -is 6.0 feet. Irregular fluctuations due to wind and atmospheric pressure have varied from 11.5 feet above mean low water to -2.2 feet below mean low water. C. CHANNEL TRAFFIC AND TRANSPORTATION FACILITIES. Vessel traffic consists primarily of small pleasure craft, commercial fishing vessels and occasional tug boats. d. UTILITY CROSSINGS. A search of regulatory files within the New York District, Corps of Engineers disclosed no cables or other structures crossing Mattituck Inlet in the vicinity of the jetty. Power and telephone poles are located adjacent to the access road to the site. e. OBSTRUCTION OF CHANNEL. The Government will not undertake to keep the channel free from vessels or other obstructions except to the extent of such regulations, if any, as may be prescribed by the Secretary of the Army in accordance with the provisions of Section 7 of the River and Harbor Act in such manner as to obstruct navigation as little as possible, and in case the Contractor's plant so obstructs the channel as to make difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such an extent as may be necessary to afford a practicable passage. Upon the completion of the work the Contractor shall promptly remove his plant, including ranges, buoys, piles and other marks placed by him under the contract in navigable waters or on shore. f. NAVIGATION AIDS. The Contractor shall not relocate or move any aids to navigation that have been established by the U.S. Coast Guard. If it becomes necessary to have any aid to navigation moved in order to complete the jetty rehabilitation under this contract, the Contractor shall H-4 notify the appropriate Coast Guard Office, with a copy to the Contracting Officer and/or his Representative, not less than 15 days prior to the need for movement. The Contractor shall notify the appropriate Coast Guard Office of the approximate time of completion of the jetty rehabilitation. g. LAYING OF SUBMERGED PIPELINES & OBSTRUCTIONS OF CHANNEL. Should it become necessary in the performance of this contract to use a submerged pipeline across a navigable channel, the Contractor shall notify the Contracting Officer or Contracting Officer Representative in writing Ito be received in the District office at least ten working days prior to the desired closure date. This notification shall furnish the following: (1) Location (Channel Centerline Stationing) and depth (over the top of the pipeline) at which the submerged line will be placed; (2) The desired length of time the channel is to be closed for installation of the pipe line; (3) The date and hour placement or removal will commence; (4) The date and hour of anticipated completion; and (5) The name and telephone number of the person to be contacted for information and response to any emergency condition. The Coast Guard has indicated that the requirements of navigation may make it necessary to establish times other than those requested. IT SHALL BE CONTRACTOR'S RESPONSIBILITY TO COORDINATE HIS PLANS WITH THE COAST GUARD SUFFICIENTLY IN ADVANCE OF THE PLANNED CLOSING TO PREVENT DELAY TO THE JETTY REHABILITATION AND COMPLY WITH THE COAST GUARD REQUIREMENTS. h. BRIDGE-TO-BRIDGE RADIO TELEPHONE EQUIPMENT. In order that radio telephone communication may be made with passing vessels, all plant engaged in work under the contract shall be equipped with and operate bridge-to-bridge radio telephone equipment shall operate on VHF Channel 13 (156.65 MHz with low power output having a communication range of approximately ten (10) miles) . The frequency has been approved by the Federal Communication Commission. i. TRANSPORTATION FACILITIES. Mattituck Harbor is located on the North shore of Long Island on Long Island Sound, and is approximately 25 miles by water from New Haven, Connecticut. H-5 (1) Condition of Channel. The condition survey, dated May 1994, found in the plans shows the latest information availble as to the depth of water in the inlet. (2) Railroads. The Long Island Railroad serves the locality of the proposed work. The Contractor shall make all arrangements at his expense for use of sidings necessary for the delivery of materials, equipment, supplies, and other facilities required for completion of this work. (3) Highways and Roads. The Long Island Expressway and Routes 25 and 27, serve the locality of the proposed work. The Contractor shall make his own investigation of available roads for transportation, of load limits for roads and bridges, and other road conditions affecting the transportation of materials, equipment, supplies and other facilities to the site. The Contractor shall also construct such temporary haul roads and bridges as may be necessary for the conduct of his work. Any such temporary construction shall be restored to its original condition. All costs for the use of existing transportation facilities, for the construction of temporary facilities, and for maintenance repair, removal and restoration shall be borne by the Contractor. (4) Channels. Access to the work site by water, from Long Island Sound is via channel in Mattituck Inlet. The controlling depth along this route in May 1994 was 6.9 feet at mean low water for a width of 50 feet from Long Island Sound to the inshore end of the west jetty. The Contractor shall make his own investigation of channel and harbor depths and docking and unloading facilities as may be necessary for the conduct of his work. Any such temporary construction shall be restored to its' original condition. The Contractor will be required to conduct the work in such a manner as to obstruct navigation as little as possible, with no deliveries or unloading of barges during the weekends for the period from Memorial Day to .Labor Day due to the heavy boat traffic in the inlet. There are no cables, pipelines or other submarine structures in the waterway located in the vicinity of the jetty on record in the office of the District Engineer, New York. District, Corps of Engineers. All costs for the use of harbor facilities, for the construction of temporary facilities, and for maintenance, repair, removal and restoration shall be borne by the Contractor. H-7 TIME EXTENSIONS (APRIL 1984) Not withstanding any other provisions in this contract, it is mutually understood that the time extensions for changes in the work will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The cahnge order granting the time extension may provide that the contract completion H-6 date will only be extended for those specific elements so delayed and that the remaining contract completion dates for all other portions of the work will not be altered and may further provide for an equitable readjustment of liquidated damages under the new completion schedule. (FAR 52.212-6) H-8 LAYOUT OF WORK (APRIL 1984) The Government will. provide the basic horizontal control data (coordinated triangulation stations) in the area. The Contractor shall compute and establish in the field all range points required for the proper discharge of his functions. The Contractor shall be responsible for the accuracy of the range points and its computations. The Contractor shall furnish, at his own expense, all stakes, templates, platforms, equipment, range markers, tide staffs and labor as may be required in laying out any part of the work. The Contractor will be held responsible for the execution of the work to such lines and grades as required or indicated by the Contracting Officer or his representative. It shall be the responsibility of the Contractor to.maintain and perserve all established stakes, markers. . .etc. H-9 DATUM AND BENCH MARKS: The plane of reference of MLW as used in this specification, is 2.2 feet below the plane NGVD, which is described by the following bench marks: TABULATION OF BENCH MARKS +-----------+-----------------------------------+-----------+ IBENCH MARK I DESCRIPTION I 1'I'(FFTT)ION I +-----------+-----------------------------------+-----------+ A 374 A disk located 0.05 Mile South along Love Lane from the Post Off. 59.150 NGVD at Mattituck, to the intersection of Love Lane, State Highway No. 25, and Sound Ave. , thence 1.05 mile west along Sound Ave. , thence 0.85 mile north along Cox Neck Road, thence 0.6 mile north along Break- water Road, 17 feet west of Pole No. 23, set -in a large granite boulder, the most western one of two boulder, and 3 inches above the ground. +-----------+-----------------------------------+-----------+ H-7 Note: There is a bench mark located on the western jetty at Mattituck Inlet with the following description: +-----------+-----------------------------------+-----------+ EV (BENCH MARK I DESCRIPTION I ELCPT;ION I A galvanized iron pipe located BM Chas. 0.05 mile No. 2 along Love Lane from the Post Off. 6.804 NGVD U.S.E. at Mattituck, to the intersection of Love Lane, State Highway No. 25, and Sound Ave. , thence 1.05 mile west along Sound Ave. , thence 0.85 Mile north along Cog Neck Road, thence 1.05 mile north along Break- water Road, l00 feet east of the centerline of Breakwater Road, 100 feet north of the south end of the west jetty at Mattituck Harbor entrance, is a 1/2 inch galvanized iron pipe set in the center of an 8g8 inch concrete terra cotter flue pipe 3 feet in length, the flue Pipe is set in a 3g3 feet concrete .block which in turn is set in the capstone of the jetty. +-----------+-----------------------------------+-----------+ Because this bench mark is set in the capstone of the deteriorating jetty to be rehabilitated, prior to using this bench mark the contractor should verify the accuracy of this benchmarks' location and elevation. In addition, in section J locations and descriptions of other benchmarks located on the jetty have been included. Once again, due to the deteriorated condition of the jetty, the contractor should verify all the location and elevation of these benchmarks prior to using them. In addition, during the condition survey of the jetty, the contracted survey company established the following baseline points; I +-----------+-----------------------------------+-----------+I DESCRIPTION I ELEVATION STATION I A chiseled cross M in large stone GRIZZ located on stone jetty approx. 13, N/A north of range light on west jetty. N=290997.967, E=2396992.38 +-----------+-----------------------------------+-----------+ H-8 t-----------t-----------------------------------+-----------t (BENCH MARK I DESCRIPTION I EL(F) ON I t-----------t------------------------------ -----♦-----------t A #6 rebar set in sand beach Grant approx. 14P from high tide line N/A N= 289892.049, E=2898070.186 t-----------t-----------------------------------t-----------+ Once again, because these points are set in the capstone of the deteriorating jetty to be repaired and on the beach, prior to using these points the contractor should verify the accuracy of their location. H-10 HEAD PROTECTION (HARD HATS) The entire work site under this contract is designated as a hard hat area. The Contractor shall post the area in accordance with the requirements of paragraph 07.C.03, EM 325-1-1, and shall ensure that all prime and subcontractor personnel, vendors, and visitors utilize hard hats while within the project area. (DR 385-1-3 4 Nov. 77) H-11 SIGNAL LIGHTS. (FEB 1983) The Contractor shall display signal lights and conduct his operations . in accordance with the General Regulations of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed. Vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipe lines, and day signals to be displayed be vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working in navigable channels, as approved by the Commandant, U.S. Coast Guard with respect to vessels on the high seas (33 CFR 81 App. A-72 COLREGS, Part C) , vessels in inland waters (33-CFR 93 .18 - 93 .31a) , and vessels in western rivers (33CFR 95.5.51 - 95.70) ) , as applicable, (DAEN-PRP Ind dtd. 12 Sep. 83) H-12 MISPLACED MATERIAL (JAN 1965) Should the Contractor during the progress of the work, lose, dump, throw overboard, sink, or misplace any material, plant, machinery, or appliance, which in the opinion of the Contracting Officer and/or his Representative may be dangerous to or obstruct navigation, the Contractor shall recover and remove the same with the utmost dispatch. The Contractor shall give immediate notice, with description and location of such obstructions, to the Contracting Officer H-9 and/or his Representative or inspector, and when required shall mark or buoy such obstruction until the same are removed. Should he refuse, neglect, or delay compliance with the above requirements, such obstructions may be removed by the Contracting Officer and/or his Representative, and the cost of such removal may be deducted from any money due or to become due to the Contractor, or may be recovered under his bond. The liability of the Contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Sections 15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33 USC. 410 et seq.) (DOD FARS SUPPL. 52.236-7006) H-13 REVERSE SIGNAL ALARM a. All self propelled construction equipment, except light service trucks, panels, pickups, station wagons, crawler-type cranes, power shovels and draglines, whether moving alone or in combination shall be equipped with reverse signals alarms. The alarm shall be mounted on the rear of the equipment and shall be protected or constructed as to withstand severe wear and tear, adverse weather and unfavorable environmental working conditions and shall be certified by the manufacturer to fully meet the following performance standards. b. The alarm shall produce a relatively pure tone which shall peak within the American National Stds. Inst. standard octave passband of 600 to 2400 cycles per second and shall produce a 0.2 to 0.5 second audible warning within the initial three (3) feet of backward movement of the vehicle on which the it is mounted and at regular intervals, not to exceed three (3) second throughout the backward movement. The alarm shall automatically cut out when backward movement ceases. The sound intensity of the alarm shall range from and not exceed 90-100 db (decibels) at a horizontal distance of five feet from the alarm. C. Actuation of the alarm shall be automatic by direct connections to any part of the equipment that moves or acts in a manner distinctive only to the rearward movement of the vehicle with no manual controls of any kind between the source of actuation and the alarm. Where application of this requirement to specific types of the equipment has impractical application, other means of actuation may be used upon written approval of the Contracting Officer and/or his Representative or his representative. d. The use of the alarm shall be in the addition to prescribed requirements for signalmen. H-14 CRANE AND DRAGLINE SAFETY REQUIREMENTS .- In addition to meeting all applicable requirements of OSHA standards and Section 18 of the Corps of Engineers Manuals, H-10 EM 385-1-1, dated April 81, Revised October 87, all cranes used in performing the work set forth in these specifications shall be equipped with geared boom hoists or otherwise provided with mechanisms which will prevent the booms from falling free. Cranes that are equipped with booms that can be lowered either by gravity or by power shall have the mechanisms for operating the booms by gravity made inoperative so that the booms cannot be lowered by gravity. The booms of all cranes and draglines shall also be equipped with shock absorbing type back stops to prevent them from overtopping. H-15 FLOATING PIPELINES Floating pipelines, used as accessways, shall be equipped with walkways and guardrails. The walkway shall be securely anchored to the pipeline and a guardrail equivalent in strength to a wood rail 2 in. x 4 in. shall be provided on at least on side of the walkway and shall be secured to uprights at intervals of not more than 8 feet and of not less than 36, nor more than 42 inches in height above the walkway. Floating pipelines. not equipped with walkways shall be barricaded to positively prevent personal access. H-11 H-16 INSPECTION. (APR. 1965) EFARS 52.2/9110 (d) The inspectors will direct the maintenance of the gauges, ranges, location marks and limit marks in proper order and position; but the presence of the inspector shall not relieve the Contractor of responsibility for the proper execution of the work in accordance with the specifications. The Contractor will be required: a. To furnish, on the request of the Contracting Officer and/or his Representative or any inspector, the use of such boats, boatmen, laborers, a part of the ordinary and usual equipment and crew of the plant as may be reasonably necessary in inspecting and supervising the work. However, the Contractor will not be required to furnish such facilities for the surveys prescribed in the clause entitled "Final Examination and Acceptance". b. To furnish, on the request of the Contracting Officer or Contracting Officer Representative or any inspector, suitable transportation from all points on shore designated by the Contracting Officer and/or his Representative to and from the various pieces of plant. Should the Contractor refuse, neglect, or delay compliance with these requirements, the specific facilities may be furnished and maintained by the Contracting Officer or Contracting Officer Representative, and the cost thereof will be deducted from any amounts due or to become due to the Contractor. H-17 ACCOMMODATIONS FOR GOVERNMENT INSPECTORS. (APR 1965) EFARS 52.2/9110 (G) a. The Contractor shall furnish regularly to Government inspectors on board the dredge or other craft upon which they are employed a suitable separate room for an office. The room shall be fully equipped and maintained to the satisfaction of the Contracting Officer and/or his Representative; it shall be properly heated, ventilated, and lighted, and shall have a desk which can be locked, and a chair for each inspector, and washing conveniences. In addition, the Contractor shall provide a suitable sleeping area for use by the Government inspector when weather or sea conditions preclude safe transfer to shore. The entire cost to the Contractor for furnishing, equipping and maintaining the foregoing accommodations shall be included in the contract price. If the Contractor fails to meet these requirements, the facilities referred to above will be secured by the Contracting Officer and/or his Representative, and the cost thereof will be deducted from payments to the Contractor. H-12 H-18 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (1985 JAN OCE) a. Allowable cost for construction of marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data when the Government can determine both ownership and operating costs for each piece of equipment or equipment groups of similar serial and series from the contractor's accounting records. When both ownership and operating costs cannot be determined from the contractor's accounting records, equipment cost shall be based upon the applicable provision of EP 1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule, " Region 1. Working condition shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule effect at the time of negotiations shall apply. For retrospective pricing, the schedule in effect at the time the work was performed shall apply. b. Equipment rental cost are allowable, subject to the provisions of FAR 31.105(d) (ii) and FAR 31.205-36 substantiated by certified copies of paid invoices. Rates for equipment rented from an organization under common control, lease-purchase or sale-leaseback arrangements will be determined using the schedule except that rental costs leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated leases are allowable. Costs for major repairs and overhaul are unallowable. C. When actual equipment costs are proposed and the total amount of the pricing action is over $25,000, cost or pricing data shall be submitted on Standard Form 1411, "Contract Pricing Proposal Cover Sheet." By submitting cost or -pricing data, the contractor grants to the contracting officer or an authorizing representative the right to examine those books, records, documents and other supporting data that will permit evaluation of the proposed equipment costs. After price agreement the contractor shall certify that the equipment costs or pricing data submitted are accurate, complete and current. (EFARS 52.2/9108 (f) ) H-19 OIL TRANSFER OPERATIONS. The Contractor shall assure that oil transfer operations to or from his plant comply with all Federal, state, municipal laws, codes and regulations. Particular attention is invited to 33 CFR Subchapter 0, Pollution. The Contractor shall H-13 incorporate in the . accident prevention program, submitted in compliance with the contract clause "ACCIDENT PREVENTION", sufficient information to demonstrate that all fuel transfers will be made in compliance with 33 CFR 156 and any other applicable laws, codes and regulations. (NAP-1/81) H-20 WAGE RATES. The attached schedule of wage rates contains rates applicable to all work under the contract. (See Section J, Attachment B) .H-21 LABOR-ADDITIONAL REQUIREMENTS Fringe benefits statement: The method of payment of applicable fringe benefits will be indicated on DD From 879, Statement of Compliance, and attached to each weekly payroll.. H-22 NOTICE TO MARINERS The Contractor shall prior to commencement of work notify the 1st Coast Guard District, Aids to Navigation Officer, of his proposed operations including location and duration of operations and request that the information be published in the "Notice to Mariners" . This notification must be in sufficient time so that appears in the Notice at least 15 days prior to the commencement of the rehabilitation of the jetty. H-23 ENVIRONMENTAL LITIGATION (1974 NOV OCE) a. If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer and/or his Representative, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a Subcontractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a Subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer and/or his Representative in the administration of this contract under the terms of contract clause entitled "SUSPENSION OF WORK. " The period of such suspension, delay or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to all the provisions thereof. b. The term "environmental litigation", as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly H-14 considered, either substantively or procedurally, the effect of the work on the environment. (EFARS 52.2/9109 (J) ) H-24 PERFORMANCE EVALUATION OF CONTRACTOR (APR 1984) a. As a minimum, the Contractor's performance will be evaluated upon final acceptance of the work. However, interim evaluation may be prepared at any time during contract performance when determined to be in the best interest of the Government. b. The format for the evaluation will be DD Form 1596, and the Contractor will be rated either outstanding, satisfactory, or unsatisfactory in the areas of Contractor Quality Control, Timely Performance, Effectiveness of Management, Compliance with Labor Standards, and Compliance with Safety Standards. The Contractor will be advised of any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation, and all Contractor comments will be maintained as part of the official record. Performance Evaluation Reports will be available to all DOD contracting offices for their future use in determining Contractor responsibility, in compliance with FAR 36.201 (c) . (DEAN-PRP Ltr dtd 30 Apr 84) H-25 ALTERATIONS IN CONTRACT (APR 1984) Portions of the contract are altered as follows: a. Add the following sentence to paragraph "a" of Contract Clause: Insurance - Work on a Government Installation: "Insurance coverage shall be as specified in 28.307 of the Federal Acquisition Regulation". b. The following clause is incorporated as part of the contract: "By entering into this contract, the Contractor certifies that neither it, nor any person or firm who has an interest in the Contractor's firm, is a person, or - firm ineligible to be debarred in accordance with FAR subpart 119.4" (DEAN-PRP EFAR Acquisition Letter 85-1 dated 11 Sept 85) c. Add the following sentence to paragraph g. of Contract Clause Specifications and Drawings for Construction: "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 work is completed and accepted. " H-26 PRICING OF ADJUSTMENTS (APR 1984) When costs are a factor in any determination of a contract price adjustment pursuant to the Changes clause or any other H-15 clause of this contract, such costs shall be in accordance with Part 31 of the Federal Acquisition Regulation and the DOD FAR Supplement in effect on the date of this contract. (DOD FAR SUPP 52.243.7001) costs shall be in accordance with Part 31 of the Federal Acquisition Regulation. H-27 PRECONSTRUCTION CONFERENCE a. A preconstruction conference will be arranged by the Contracting Officer and/or his Representative after award of contract and before commencement of work. The Contracting Officer's representative will notify the Contractor of the time and date set for the meeting. At this conference, the Contractor shall be oriented with respect to Government procedures and line of authority, contractual, administrative, and 'construction matters. Additionally, a schedule of required submittals will be discussed and a mutual determination will be made of the . acceptance areas for the completed work. b. The contractor shall bring to this conference the following items in either completed or draft form: - The Contractor's order of work for performing the work. - Accident Prevention Plan. - Quality Control Plan. (see Section E) - Letter appointing Superintendent. - List of subcontractors. H-28 QUANTITY SURVEYS For Jetty Rehabilitation Work: (a) Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place. (b) Upon completion of the work, a survey will be made on 20 foot centers to determine that the plus tolerance has not been exceeded. All cross-section surveys shall be on 20 foot ' centers minimum and at locations in change of type of construction. The survey shall include a cross-sections of the entire in-place section area, with survey points taken every 6 feet minimum across the section. This cross-section shall be plotted on a template drawing of the section. Surveys shall be taken at 30 degree increments around the radius of the head of the jetty. These as-built drawings shall be submitted along with the partial payment. The accuracy of this data shall be +/_ .05 feet. If the plus tolerance has been exceeded,, the Contractor shall remove and replace the stone to remain within the allowed tolerance or, if determined by the Contracting Officer, a deduction will be made from the pay quantity of stone, for the quantity of stone that exceeds the plus tolerance allowed to remain in place. The deduction will be computed by estimating the H-16 volume above the plus tolerance, multiplying by 0.63 to allow for voids, multiplying by the weight of the stone per unit of volume to three significant figures, and converting to the payment of the measurement. Resetting of stone shall be to the same requirements for -keying adjacent stones as the initial construction. No chinking will be permitted. The Contractor shall make the survey in the presence of the Contracting Officer or his representative. H-29 SAFETY SIGN: The Contractor shall construct a safety sign at a location directed by the Contracting Officer and/or his Representative. The sign shall be 6 feet by 4 feet and shall conform to the requirements as specified in Section J, Attachment F, Project Identification and Safety Signs. The Corps of Engineers castle logo (an 8.5" x 11" red decal) to be used on the sign will be Government furnished. The Contractor will be given this logo at the time of the pre- construction conference. The decal shall receive a thin coat of clear spar varnish after application. The sign shall be erected as soon as possible and within 15 calendar days after the date of Notice to Proceed. The data required by the sign shall be corrected daily. No separate payment will be made for erecting and maintaining the safety sign and all costs in connection therewith will be considered the obligation of the contractor. Upon completion of the project, the Contractor shall remove the sign from .the work site. H-30 PROJECT SIGN: The Contractor shall furnish and erect a project sign at a location directed by the Contracting Officer or Contracting Officer Representative. The project sign shall conform with -all requirements as specified in Section J, Attachment F, Project Identification and Safety Signs. The Corps of Engineers' castle logo (8.5" x 1111) to be used on the sign will be Government furnished. The Contractor will be given this logo at the time of the pre-construction conference. The decal shall receive a thin coat of clear spar varnish after application. The Contractor shall maintain the signs in good condition throughout the construction period. No separate payment will be made for erecting and maintaining the project sign, and all costs in connection therewith will be considered the obligation of the Contractor. Upon completion of the project, the Contractor shall remove the sign from the work site. H-31 ACCIDENT PREVENTION PLAN The Contractor is required to submit to the Contracting Officer or Contracting Officer Representative an Accident H-17 Prevention Plan prior to the preconstruction conference. The accident prevention plan must be in accordance with all federal safety standards as specified in EM 385-1-1, dated October 1992, entitled "Safety & Health Requirements Manual. " H-32 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTS Notwithstanding the clause of this contract entitled "Subcontracts", the Contractor shall not enter into a first- tier subcontract for an estimated or actual amount of $1 million or more without obtaining in writing from the Contracting Officer and/or his Representative a clearance that the proposed subcontractor is in compliance with the equal opportunity requirements and therefore is eligible for award. H-33 BID GUARANTEE (a) The offeror (bidder) shall furnish a separate bid bond, or United States bonds, Treasury notes or other public debt obligation of the United States, in the proper amount, by the time set for opening of bids. Failure to do so may be cause for rejection of the bid. The Contracting Officer and/'or his Representative will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements) , as required by the bid as accepted. (b) If the successful bidder, upon acceptance of its bid by the Government within the period specified for .acceptance, fails to execute all contractual documents or give a bonds) as required by the solicitation within the time specified, the Contracting Officer and/or his Representative may terminate the contract for default. (c) Unless otherwise specified in the bid, the bidder will (1) allow the number of days as indicated in paragraph 13D of Standard Form 1442 for acceptance of its bid and (2) give bond within 10 days after receipt of the forms by the bidder. (d) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid. The bid bond, or bonds or notes of the United States, is available to offset the difference. H-34 SCHEDULING AND DETERMINATION OF PROGRESS In accordance with the contract provisions, the Contractor shall, within five (5) days after receipt of Notice to Proceed by him or as otherwise determined by the Contracting Officer and/or his Representative, submit for approval a H-18 practicable progress schedule. The progress schedule shall be in the form of a chart graphically indicating the sequence proposed to accomplish each work feature or operation. The chart shall be prepared to show the starting and completion dates of all work features on a linear horizontal time scale beginning with date of Notice to Proceed and indicating calendar days to completion. Each activity in construction shall be represented by an arrow. The head to tail arrangement of arrows shall flow from left to right. Each arrow representing an activity shall be annotated to show the activity description and duration. Contractor shall indicate on the chart the important work features or operations that are critical to the timely overall completion of the project. Key dates for such important work features and portions of work features are milestone dates and shall be so indicated on chart. This schedule will be the medium through which the timeliness of the Contractor's construction effort is appraised. When changes are authorized that result in contract time extensions, Contractor shall submit a modified chart for approval by the Contracting Officer and/or his Representative . The terms of Contract Clause entitled: SCHEDULES FOR CONSTRUCTION CONTRACTS, with reference to overtime, extra shifts, etc. , may be invoked when the Contractor fails to start or complete work features or portions of same by the time indicated by the milestone dates on the approved progress chart, or when it is apparent to the Contracting Officer from the Contractor's actual progress that these dates will not be met. Neither on the chart nor on the periodic charts which the Contractor is required to prepare and submit, as described in the Clause, SCHEDULES FOR .CONSTRUCTION CONTRACTS of the Contract Clauses, shall the actual progress to be entered include or reflect any materials which may be on the site, but are not yet installed or incorporated in the work. For payment purposes only, an allowance will be made by the Contracting Officer and/or his Representative of up to 100 percent of the invoiced cost of materials or equipment delivered to the site but not incorporated into the construction, pursuant to Contract Clause, PAYMENT UNDER FIXED-PRICE CONSTRUCTION CONTRACTS. The making of such an allowance will be contingent upon a determination by the Contracting Officer and/or his Representative that the Contractor's compliance with the quality control requirements of the contract is more than satisfactory. When the contractor submits his progress schedule, he will include in the submission a progress curve which reflects the intended schedule for completing the work. The progress curve (S-Curve) will be plotted to reflect Cumulative Progress (Percent) based on placement along the y-axis and Time along the x-axis. The progress curve will be furnished at the same time the progress schedule is submitted for approval and updated monthly the Contractor. H-19 H-35 SPECIAL PROHIBITION ON EMPLOYMENT (a) Definitions: "Arising out of a contract with the Department of Defense", as used in this clause, means any act in connection with (1) attempting to obtain, (2) obtaining, or (3) performing a contract or subcontract of any agency, department or component of the Department of Defense. "Convictions of fraud or any other felony", as used in this clause, means any conviction for fraud or a felony", as used in this clause, 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 contendere, for which sentence has been imposed. (b) Section 941, Tile IX, Pub. L. 99-500 (10 U.S.C. 2408) prohibits a person who is convicted of fraud or any other felony arising out of a contract with the Department of Defense from working in a management or supervisory capacity on any defense contract, or serving on the board of directors of any defense contractor, for a period, as determined by the Secretary of Defense, of not less than one (1) year from the date of conviction. Defense contractors are subject to a criminal penalty of not more than $500,000 if they are convicted of knowingly employing a person under a prohibition or allowing such person to serve on their board of directors. (c) The Contractor agrees not to knowingly employ any person, convicted of fraud or any other felony arising out of a contract with the Department of Defense contract or subcontract or allow such person to serve on its board of directors from the date the Contractor learns of the conviction until one (1) year has expired from the date of conviction. However, if the person has also been debarred pursuant to FAR subpart 9.4, the above prohibition shall extend for the period of debarment, but in no event shall the prohibition be less than (1) year from the date of conviction. (d) If the Contractor knowingly employs a convicted person in a management or supervisory capacity on any defense contract or subcontract or knowingly allows such person to serve on its board of directors within the prohibited period, the Government may consider, in addition to the criminal penalties contained in Section 941 of Pub. L. 99-500, other available remedies, such as suspension or debarment and may direct the cancellation of this contract at no cost to the Government, or terminate this contract for default. (e) the Contractor agrees to include the substance of this clause, including this paragraph (e) , appropriately modified to reflect the identity and relationship of the parties, in all subcontracts exceeding $25, 000. H-20 i H-36 CONTINUING CONTRACTS (EFARS 52.232-5000# DEC 1994) (a) This is a continuing contract; as authorized by Section 10 of the Rivers and. Harbors Act of September 22, 1922 (33 U.S. Code 621) . The payment of some portion of the contract price is dependant upon reservation of funds from future appropriations, and from future contributions to the project having one or more non-federal project sponsors. The responsibilities of the Government are limited by this clause notwithstanding any contrary provision of the "Payments to Contractor" clause or any other clause of this contract. (b) The sum of $775#000.00 has been reserved for this contract and will be obligated during the current fiscal year. It is expected that Congress will make appropriations for the future fiscal years from which additional funds will be reserved for this contract. (c) Failure to make payments in excess of the amount currently reserved, or that may be reserved from time to time, shall not entitle the Contractor to a price adjustment under the terms of this contract except as specifically provided in paragraphs (f) and (g) below. No such failure shall constitute a breach of this contract, except that this provision shall not bar a breach-of-contract action if an amount finally determined to be due as a termination allowance remains unpaid for one year due solely to a failure to reserve sufficient additional funds therefore. (d) The Government may at any time. reserve additional funds for payments under the contract if there are funds available for such purpose. The Contracting Officer will promptly notify the Contractor of any additional funds reserved for the contract by issuing an administrative modification to the contract. (e) If earnings will be such that funds reserved for the contract will be exhausted before the end of any fiscal year, the Contractor shall give written notice to the Contracting Officer of the estimated date of exhaustion and the amount of additional funds which will be needed to meet payments due or to become due under the contract during that fiscal year. This notice shall be given not less than 45 days or more than 60 days prior to the estimated date of exhaustion. (f) No payments will be made after exhaustion of funds except to the extent that additional funds are reserved for the contract. The Contractor shall be entitled to simple interest on any payment that the Contracting Officer determines was actually earned under terms of the contract and would have been made except for exhaustion of funds. Interest shall be computed from the time such payment would otherwise have been made until actually or constructively made, and shall be at the rate established by the Secretary. H-21 of the Treasury pursuant to Public Law 92-41, 85 STAT 97, as in effect on the first day of the delay in such payment. (g) Any suspension, delay, or interruption of work arising from exhaustion or anticipated exhaustion of funds shall not constitute a breach of this contract and shall not entitle the Contractor to any price adjustment under the "Suspension of Work" clause or in any other manner under this contract. (h) An equitable adjustment in performance time shall be made for any increase in the time required for performance of any part of the work arising from exhaustion of funds or the reasonable anticipation of exhaustion of funds. (i) If, upon the expiration of sixty (60) days after the beginning of the fiscal year following an exhaustion of funds, the Government has failed to reserve sufficient additional funds to cover payments otherwise due, the Contractor, by written notice delivered to the Contracting Officer at any time before such additional funds are reserved, may elect to treat his right to proceed with the work as having terminated. Such a termination shall be considered a termination for the convenience of the Government. (j) If at any time it becomes apparent that. the funds reserved for any fiscal year are in excess of the funds required to meet all payments due or to become due to the Contractor because of work performed and to be performed under this contract during the fiscal year, the Government reserves the right, after notice to the Contractor, to reduce said reservation by the amount of such excess. H-37 FIELD OFFICE a. The Contractor shall furnish at the job site a 40 feet by 10 feet field office for use by the Government representatives. The desired location will be designated by the Contracting Officer or his representative, and is shown on the contract plans. The building shall be well _ constructed and properly ventilated and shall contain a closet and door and windows which shall be capable of being locked, three (3) desks with chairs, four (4) other chairs, telephone services, one (1) plan rack and drawing board. The furniture may be of temporary nature. The Contractor shall also provide drinking water, electricity, electrical lighting, heat, toilet facilities, janitorial and maintenance services. The field office shall be removed from the project site when and as directed by the Contracting Officer. b. The Contractor, at his option, may furnish a trailer not less than 40 feet long. The trailer shall be' approved by the Contracting Officer or his representative and shall have the facilities and services as specified above for the field H-22 office. c. No separate payment will .be made for providing the above accommodations and all costs in connection therewith will be considered the obligation of the Contractor. H-38 WARRANTY OF CONSTRUCTION (APR 1984) (a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (j ) 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 the work repaired or replaced will run for 1 year from the date of the repair or replacement. (e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after 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, expressed or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: H-23 1) Obtain all warranties that would be given in normal commercial practices; 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 it's 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 the 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 right under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud. (FAR 52 .246-21) H-39 CERTIFICATES OF COMPLIANCE Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in four copies. Each certificate -shall be signed by an official authorized to certify in behalf of the manufacturing company and shall contain the name and address of- the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of any laboratory test reports submitted with certificates shall contain the name nd address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements. H-40 RECORD DRAWINGS During the progress of the job, the Contractor shall keep a careful record at jobsite of all changes and corrections from the layouts shown on the drawings. The Contractor shall enter such changes and corrections on contract drawings promptly but in no case later.than a weekly basis. The record drawings shall indicate, in addition to all changes and corrections, the actual location of all sub-surface utility lines. In order that the locations of these lines and appurtenances may be determined in the event the surface H-24 openings or indicators become covered over or obscured, the record drawings shall show, by offset dimensions to two permanent fixed surface features, the end of each run including each change in direction. Valve, splice boxes and similar appurtenances shall be located by dimensioning of each run shall be recorded. At the time of beneficial occupancy of each structure or facility involved under this contract, the Contractor shall submit to the Contracting Officer four sets of as-built prints showing the aforementioned data. If the Contractor fails to maintain the record drawings as required herein, the Contracting Officer will consider that satisfactory progress has not been achieved for the period in question, thereby requiring the retaining of 10% of any progress payments to be made until such drawings are made current. Additionally, the estimated cost of maintaining the record drawings will be deducted from any such progress payments. H-41 DESIGNATION OF PROPERTY ADMINISTRATOR The Chief Property and Accounting Section, US Army Engineer District, New York, Federal Building, 26 Federal Plaza, NY, NY 10278-0090 is designated as Property Administrator in connection with this contract. H-42 PAYMENT FOR MATERIALS DELIVERED OFF-SITE Pursuant to the Contract Clauses in this contract titled "Payments Under Fixed-Price Construction Contracts", materials delivered to the Contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the Contract Clauses are fulfilled. Payment for items delivered to locations other than the site will be limited to those materials which have been approved, if required by the technical provisions; those materials which have been fabricated to the point where they are identifiable to an item of work required under this contract. Such payment will be made only after receipt of paid or receipted invoices or invoices will be made only after receipt of paid or receipted invoices or invoices with cancelled check showing title to the items in the prime contractor and including the value of materials and labor incorporated into the item. H-43 AVAILABILITY OF UTILITY SERVICES a) Water: The responsibility shall be upon the Contractor to provide and maintain at his own expense an adequate supply of water for his use for construction and domestic consumption, and to install and maintain necessary supply connections and piping for same, but only at such locations. H-2 5 and in such manner as may be approved by the Contracting Officer. b) Electricity: All electric current required by the Contractor shall be furnished at his own expense. All temporary. connection for electricity shall be subject to the approval of the Contracting Officer. H-44 SUPERINTENDENCE OF SUBCONTRACTS (JAN 1965) a) The Contractor shall be required to furnish the following, in addition to the superintendence required by the Contract Clauses titled, "Superintendence by the Contractor". 1) If more than 50% and less than 70% of the value of the contract work is subcontracted, one superintendent shall be provided at the site and on the Contractor's payroll to be responsible for coordinating, directing, inspecting and expediting the subcontract work. 2) If 70% or more of the value of the work is subcontracted, the Contractor shall be required to furnish two such superintendents to be responsible for coordinating, directing, inspecting and expediting the subcontract work. b) If the Contracting Officer, at any time after 50% of the subcontracted work has been completed, finds that satisfactory progress is being made, he may waive all or part of the above requirement for additional superintendence subject to the right of the Contracting Officer to reinstate such requirement if at any time during the progress of the remaining work he finds that satisfactory progress is not being made. (DoD FAR Supplement 52.236-7008) H-45 PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL CONTRACT PAYMENTS In addition to the requirements contained in the Contract Clause entitled "Payments Under Fixed-Price Construction Contracts" and to implement the requirements of the Prompt Payment Act Amendments of 1988, P.L. 100-496, the following shall apply to all payments made under this contract: a) At the time of submission of the progress chart, the contractor shall submit for approval by the Contracting Officer or his authorized representative a breakdown of the contract work which shall be to the degree- of detail required by the Contracting Officer or his representative to effect reasonable progress payments. The Contracting Officer or his representative shall review this breakdown within 30 calendar days after receipt and either advise the contractor that it is approved or disapproved, and if disapproved the reasons for disapproval. Only after the breakdown is approved shall H-26 any payment invoice be accepted from the contractor and any payment made to him. The Contracting Officer can determine it is in the best interest of the Government to make payment without an approved breakdown, however, in no case shall more than lot of the contract amount be paid unless the breakdown is approved. b) The contractor shall submit his request for payment by submission of a proper invoice to the office or person(s), designated in paragraph (c) . For purposes .of payment -a "proper invoice" is defined as the following: 1) An estimate of the work completed in accordance with the approved breakdown indicating the percentage of work of each item and the associated costs. 2) A properly completed ENG Form 93 and 93a (where required) . 3) All contractual submissions indicated elsewhere in this contract to be submitted with payment, such as updated progress schedules, updated submittal registers, etc. 4) The following certification executed by a responsible official of the organization authorized to bind the firm. A "responsible official" would be either a corporate officer, partner, or owner, in the case of a sole proprietorship. 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 requirements 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. (4) All required prime and subcontractor payrolls have been submitted. (Name) H-27 (Title) (Date) c) The Government shall designate the office or person(s) who shall first receive the invoice submissions and the Contractor shall be notified at the preconstruction conference. In addition to the designated Project Engineer, the contractor shall at the same time submit one copy of the detailed breakdown and the ENG Form 93 and 93a Form to the Area Engineer. d) The Government representative shall return any request for payment which is deemed defective within 7 days of receipt and shall specify the defects. If the defect concerns a disagreement as to the amount of work performed and or the amount of the payment being submitted, the Government and the contractor's representative should meet to resolve the differences and reach agreement. Upon agreement, the contractor shall submit a new breakdown and ENG Form 93 (and 93a) and any other submissions requiring correction. These will be incorporated with the previous submittal and will then constitute a proper invoice. e) If agreement cannot be reached, the Government shall determine the proper amount per Contract Clause, "Payments Under Fixed-Price Construction Contracts" and process .the payment accordingly. In this event, "a proper invoice" for Prompt Payment Act purposes will not have been submitted to the Government. f) The Government shall pay the contractor in accordance with the following time frames: (1) Progress Payments - From the date a "Proper invoice" is received, in accordance with subparagraphs b and d of this clause, the Government will issue a check within 14 calendar days. (2) Reduction in Retaining Payment - If during the course of the contract, a reduction in retainage payment is required, the Government shall issue a check within 30 calendar days after the approval of the release to the contractor by the Contracting Officer or his authorized representative. (3) Final Payment - A final payment request shall not be considered valid until the contractor has fulfilled all contract requirements including all administrative items, payrolls, warranties, etc. and has submitted a release of claims. When the contractor has fulfilled all contract requirements and a "proper invoice" has been submitted, H-28 the Government shall issue a check within 14 days from the date of acceptance of the project by the Contracting Officer. H-46 VERIFICATION OF SMALL BUSINESS UTILIZATION a) This clause is applicable to small business concerns whose contracts exceed $1, 000,000. b) In accordance with the clause at FAR 52.219-8, entitled Utilization of Small Business Concerns and Disadvantaged Business Concerns, in effect on the date of this contract, the Contracting Officer may survey the extent of small and small disadvantaged business utilization under this contract. The Contractor may be required to report to the Contracting Officer statistical data on the number and dollar amounts of subcontracting awards with small businesses and small disadvantaged businesses. c) As appropriate, the Contracting Officer may require one or more follow-up reports to the initial report. d) The Contractor agrees to insert this clause in any subcontract that may exceed $1,000,000, including this subparagraph (d) . H-47 PROTECTION OF EXISTING STRUCTURES All existing structures, fences, utility lines, roads, dunes and other improvements shown on the drawings or others which the existence and location of are ,made known to the Contractor prior to beginning work shall be protected from damage. In the event of damage as a result of the Contractor's operations, the Contractor shall be responsible for the repair, restoration, or for all cost of damage resulting therefrom. If the Contractor elects to have alterations made to any existing structure, utility, dune, road, or other improvements for his convenience, he shall make arrangements with the owner of the facility for such alterations and the arrangements made shall be approved by the Contracting Officer prior to their alteration. H-48 AUTHORIZED CONSTRUCTION AREA AND TRESPASSING The Contractor shall not inflict damage upon land properties, roads and bridges outside the authorized construction area by unwarranted entry upon, passage through, damage to or disposal of, material on such land or property, or overloading of roads and bridges. The Contractor may make a separate agreement with any other party, regarding the use of, or right to, land or facilities outside the contract area. If such an agreement is made, it shall be in writing and a copy shall be furnished to the Contracting Officer. The Contractor shall hold and save the Government, its H-29 officers, and agents free from liability of any nature or kind arising from any trespassing or damage occasioned by his operations. H-49 DAMAGE TO WORK The responsibility for damage to any part of the permanent work shall be as set 'forth in the article of the contract entitled "Permits and Responsibilities". However, if in the judgement of the Contracting Officer, any part of the permanent work performed by the Contractor is damage by flood, earthquake, hurricane, or tornado, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor will make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable contract unit or lump sum prices as fixed and established in the contract. If, in the opinion of the Contracting Officer, there are no contract unit or lump sum prices applicable to any part of such work, an equitable adjustment, pursuant to Clause "Changes" of the contract, will be made as full compensation for the repairs of that part of the permanent work for which there are no applicable contract unit or lump sum prices. Except as herein provided, damage to all work, utilities, materials, equipment, and plant, including temporary construction and utilities, pavements, and other property along the routes used by the Contractor's pipelines and/or land vehicles, shall be repaired to the satisfaction of the Contracting Officer, at the Contractor's expense regardless of the cause of such damage. H-50 SUBMISSION OF CLAIMS The following shall be submitted to the Contracting Officer at the following address: U.S. Army Corps of Engineers, New York District, 26 Federal Plaza, New York, New York, 10278: a. claims referencing or mentioning the Contract Disputes Act of 1978 b. requests for a written decision- by the Contracting Officer C. claims certified in accordance with the Contract Disputes Act of 1978 No other Government representative is authorized to accept such requests. A copy shall also be provided to the Authorized Representative of the Contracting Officer. The Contractor shall also provide the Contracting Officer with a copy of any request for additional time, money or H-30 interpretation of contract requirements which were provided to the Authorized Representative of the Contracting Officer and which have not been resolved after. 90 days. H-31 SECTION I CONTRACT CLAUSES , I SECTION I INDEX OF CONTRACT CLAUSES CONSTRUCTION - INSIDE THE UNITED STATES DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS CLAUSE # FAR/DFARS TITLE I.1 52.202-1000 1 DEFINITIONS I.2 52.203-0001 OFFICIALS NOT TO BENEFIT I.3 52.203-0003 GRATUITIES I.4 52.203-0005 COVENANT AGAINST CONTINGENT FEES I.5 52.203-0007 ANTI-KICKBACK PROCEDURES I. 6 52.203-0009 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY-MODIFICATION I.7 52.203-0010 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY I.8 52.203-0012 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS I. 9 52.203-7001 SPECIAL PROHIBITION ON EMPLOYMENT - I. 10 52.203-7002 DISPLAY OF DOD HOTLINE POSTER I. 11 52.209-0006 PROTECTING..THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT I. 12 52.212-0011 VARIATION IN ESTIMATED QUANTITY I. 13 52.212-0012 SUSPENSION OF WORK I. 14 52.214-0026 AUDIT-SEALED BIDDING I.15 52.214-0027 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA-MODIFICATIONS-SEALED BIDDING I: 16 52.214-0028 SUBCONTRACTOR COST OR PRICING DATA- ' MODIFICATIONS-SEALED BIDDING I.17 52.215-0001 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL ' _Altf E- Index - 1 I.19 52.229-0008 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS I.20 52.219-0009-1 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN T 2 3 52. -^e a i2,i-smei4 T g-(-a) S$$F9Nq3RA6'£ 4"QXM,jMTM IS I.22 52.219-0013 UTILIZATION OF WOMEN-OWNED BUSINESS I.23 52.219-0014 LIMITATIONS ON SUBCONTRACTING I.24 52.219-0016 LIQUIDATED DAMAGES-SMALL BUSINESS SUBCONTRACTING PLAN I.25 52.219-7003 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN I.26 52.220-0003 UTILIZATION OF LABOR SURPLUS AREA CONCERNS I.27 52.220-0004 LABOR SURPLUS AREA SUBCONTRACTING PROGRAM I.28 52.222-0001 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES I.29 52.222-0003 CONVICT LABOR I.30 52.222-0004 CONTRACT:-WORK HOURS. AND..SAFETY STANDARDS;'ACT-OVERTIME. COMPENSATION I.31 52.222-0006 DAVIS-BACON ACT I.32 52.222-0007 WITHHOLDING OF FUNDS 1.33 52.222-0008 PAYROLLS AND BASIC RECORDS I.34 52 .222-0009 APPRENTICES AND TRAINEES I.35 52.222-0010 COMPLIANCE WITH COPELAND ACT REQUIREMENTS I.36 52.222-0011 SUBCONTRACTS I.37 52.222-0012 CONTRACT TERMINATION-DEBARMENT I.38 52.222-0013 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS I.39 52.222-0014 DISPUTES CONCERNING LABOR STANDARDS I.40 52.222-0015 CERTIFICATION OF ELIGIBILITY Index-2 I.41 52.222-0018 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES I.42 52.222-0026 EQUAL OPPORTUNITY I.43 52.222-0027 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION 1.44 52.222-0035 AFFIRMATIVE ACTION FOR SPECIAL' DISABLED AND VIETNAM ERA VETERANS I.45 52.222-0036 AFFIRMATIVE ACTION FOR HANDICAPPED WORMERS I.46 52.222-0037 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA I.47 52.223-0002 CLEAN AIR AND WATER 1.48 52.223-0006 DRUG-FREE WORKPLACE I.49 52.223-7004 DRUG-FREE WORK FORCE 1.50 52.225-0005 BUY AMERICAN ACT-CONSTRUCTION MATERIALS I.51 52.225-0011 RESTRICTION ON CERTAIN FOREIGN PURCHASES I.52 52.225-0013 RESERVED I.53 52.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS I.54 52.225-7003 INFORMATION FOR DUTY FREE ENTRY EVALUATION ' I.55 52.227-0001 AUTHORIZATION AND CONSENT I.56 52.227-0002 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT I.57 52.227-0004 PATENT INDEMNITY-CONSTRUCTION CONTRACTS I.58 52.227-7003 TERMINATION I.59 52.228-0001 BID GUARANTEE I. 60 52.228-0002 ADDITIONAL BOND SECURITY I. 61 52.228-0005 INSURANCE-WORK ON A GOVERNMENT INSTALLATION Index - 3 1.62 52..228-0011 . PLEDGES OF ASSETS I.63 52.229-0003 FEDERAL, STATE, AND LOCAL- TAXES I.64 52.231-7000 SUPPLEMENT COST PRINCIPLES I.65 52.232-0005 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS I. 66 52.232-0017 INTEREST I.67 52.232-0023 ASSIGNMENT OF CLAIMS I.68 52.232-0027 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS I.69 52.233-b001 DISPUTES I.70 52.233-0003 PROTEST AFTER AWARD I.71 52.233-7000 CERTIFICATION OF CLAIMS AND REQUESTS FOR ADJUSTMENT OR RELIEF I.72 52.236-0001 PERFORMANCE OF WORK BY THE CONTRACTOR I.73 52.236-0002 DIFFERING SITE CONDITIONS I'.74 52.236-0003 SITE INVESTIGATION AND CONDITIONS AFFECTING- THE WORK I.75 52.236-0005 MATERIAL AND WORKMANSHIP 1.76 52.236-0006 SUPERINTENDENCE BY THE CONTRACTOR I.77 52.236-0007 PERMITS AND RESPONSIBILITIES I.78 52.236-0008 OTHER CONTRACTS I.79 52.236-0009 PROTECTION OF EXISTING VEGETATION, STRUCTURES, 'EQUIPMENT, UTILITIES, AND IMPROVEMENTS 1.80 52.236-0010 OPERATIONS AND STORAGE AREAS I.81 52.236-0011 USE AND POSSESSION PRIOR TO COMPLETION I. 82 52.236-0012 CLEANING UP I.83 52 .236-0013 ACCIDENT PREVENTION l I. 84 52.236-0015 SCHEDULES FOR CONSTRUCTION CONTRACTS I.85 52.236-0017 LAYOUT OF WORK Index - 4 I.86 52.236-0021. SPECIFICATIONS AND DRAWINGS FOR . CONSTRUCTION I.87 •52.236-7000 MODIFICATION PROPOSALS-PRICE BREAKDOWN I.88 52.236-7001 CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS I.89 52.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION I.90 52.236-7005 AIRFIELD SAFETY PRECAUTIONS I.91 52.242-0013 BANKRUPTCY .I.92 52.243-0004 CHANGES I.93. 52.243-7001 PRICING OF CONTRACT MODIFICATIONS I.94 52.244 -0001 SUBCONTRACT (FIXED PRICE CONTRACTS) 1.95 52.245-0002 GOVERNMENT PROPERTY (FIXED PRICE CONTRACTS) 1.96 52.245-0004 GOVERNMENT-FURNISHED PROPERTY (SHORT FORM) T.97 52.246-0012 INSPECTION OF CONSTRUCTION I:98 52.246-0021-1 WARRANTY OF CONSTRUCTION I.99 52.247-0064 PREFERENCE FOR PRIVATELY,OWNED US FLAG COMMERCIAL VESSELS I.100 52.247-7023 TRANSPORTATION OF SUPPLIES BY SEA I.101 52.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA I. 102 •52.248-0003 VALUE ENGINEERING-CONSTRUCTION I.103 52.249-0002-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) I.104 52.249-0010 DEFAULT (FIXED PRICE CONSTRUCTION) I. 105 52.252-0006 AUTHORIZED DEVIATIONS IN CLAUSES I. 106 52.253-0001 COMPUTER GENERATED FORMS 52. 225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL 32. 970-1 SUBCONTRACTOR ASSERTIONS OF NONPAYMENT 52. 228-7006 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS Index - 5 SECTION I CONTRACT CLAUSEr 1.1 52.202-1000 1 EFARS 52.202-10001 DEFINITIONS. (JULY 1989) (DEVIATION) (a) The term "head of the agency" or "Secretary" as used herein means the Secretary of the Army; and the term uhis duly authorized representative" means the Chief of Engineers, Department of the Army, or an individual or board designated by him. (b) The agency board of contract appeals having jurisdiction over all appeals from final decisions of the Contracting Officer under the Contract Disputes Act of 1978 is the Corps of Engineers Board of Contract Appeals, Office of the Chief of Engineers, Pulaski Building, 20 Massachusetts Avenue, N.W., Washington, D.C. 20314-1000. I.2 52.203-0001 OFFICIALS NOT TO BENEFIT (APR 1984) No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply.to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. (End of clause) (R 7-103.19 1949 JUL) (R 1-7.102-17) 1.3 52.203-0003 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) Clauses - 1 (R 7-104.16 1952 MAR) I.4 52.203-0005 COVENANT AGAINST CONTINGENT FEES (APR 1984) (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 bons 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) uBona fide agency,u as used in this douse, 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 . influence to solicit or obtain Goverment 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,u 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 Goverment contract. "Improper influence," as used in this clause, means any influence that induces or tends to induce a Goverment employee or officer to give consideration or to act regarding a Goverment contract on any basis other then the merits of the matter. (End of clause) (R 7-103.20 1958 am) (R 1-1.503) (R 1-7.102-18) 1.5 52.203-0007 ANTI-KICKBACK PROCEDURES (OCT 1988) (a) Definitions. "Kickback," as used in this clause, means any money, fee, commission, credit, 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, 1-2 business association of any kind, trust, joint-stock company, or individual. / ■Prime contract," as used in this clause, mans 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 Contractoru as used in this clause, Weans a person who has entered into a prime contract with the United States. "Prime Contractor employee," as used in this clause, means any officer, 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 1-3 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)(0 01) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)0) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld. (S) 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. (End of clause) I.6 S2.203-0009 REOUIREMENT'FOR CERTIFICATE OF PROCUREMENT INTEGRITY--MODIFICATION (NOV 1990) (a) Definitions. The definitions set forth in FAR 3.104-4 are hereby incorporated in this clause. (b) The Contractor agrees that it will execute the certification set forth in paragraph (c) of this clause when requested by the Contracting Officer in connection with the execution of any modification of this contract. (c) Certification. As required in paragraph (b) of this clause, the officer or employee responsible for the modification proposal shall execute the following certification: CERTIFICATE OF PROCUREMENT INTEGRITY--MODIFICATION (NOV 1990) (1) 1, [Name of certifier] am the officer or employee responsible for the.preparation of this modification proposal and hereby certify that, to the best of my knowledge and belief, with the exception of any information described in this certification, I have no"information concerning a violation or possible violation of subsection 27(a), (b), (d) or (f) of the Office of Federal Procurement Policy Act, as amended+ (41 U.S.C. 423), (hereinafter referred to as "the Act"), as implemented in the FAR, occurring during the conduct of this procurement (contract and modification number). (2) As required by subsection 27(e)(1)(B) of the Act, I further certify that to the best of my knowledge and belief, each officer, employee, agent, representative, and consultant of [Name of Offeror] who has participated personally and substantially in the preparation or submission of this proposal has certified that he or she is familiar with, and will comply with, the requirements of subsection 27(a) of the Act, as implemented in the FAR, and will report immediately to me any information concerning a violation or possible violation of subsections 27(a), (b), (d), or (f) of the Act, as implemented in the FAR, pertaining to this procurement. I-4 (3) Violations or possible violations: (Continue on plain bond paper if necessary and label Certificate of Procurement Integrity--Modification (Continuation Sheet), ENTER NNONEN IF NONE EXISTS) [Signature of the officer or employee responsible for the modification proposal and date] [Typed name of the officer or employee responsible for the modification proposal] + Subsections 27(a), (b), and (d) are effective on December 1, 1990. Subsection 27(f) is effective on June 1, 1991. THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001. (End of certification) (d) In making the certification in paragraph (2) of the certificate, the officer or employee of the competing Contractor responsible for the offer or bid, may rely upon a one-time certification from each individual required to submit a certification to the competing Contractor, supplemented by periodic training. These certifications shall be obtained at the earliest possible date after an individual required to certify begins employment or association with the Contractor. If a Contractor decides to rely on a certification executed prior to the suspension of section 27 (i.e., prior to December 1, 1989), the Contractor shall ensure that an individual who has so certified is notified that section 27 has been reinstated. These certifications shall be maintained by the Contractor for a period of 6 years from the date a certifying employee's employment with the company ends or, for an agency, representative, or consultant, 6 years from the date such individual ceases to act on behalf of the Contractor. (e) The certification required by paragraph (c) of this clause is a material representation of fact upon which reliance will be placed in executing this modification. (End of clause) I.7 52.203-0010 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1990) (a) The Government, at its election, may reduce the price of a fixed-price type contract or contract modification and the total cost and fee under a cost-type contract or contract modification by the amount of I-5 profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity.or his or her designee determines that there was a violation of subsection 27(s) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in the FAR. In the case of a contract modification, the fee subject to reduction is the fee specified in the particular contract modification at the time of execution, except as provided in subparagraph (b)(5) of this clause. (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 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 or contract modifications, by 10 percent of the initial contract price; 10 percent of the contract modification price; or a profit amount determined by the Contracting Officer from records or documents in existence prior to the date of the contract award or modification. (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. i-6 (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) 1.8 52.203-0012 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 Federa! 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 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 ir, 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 I-7 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 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 correction with any of the following covered Federal actions: the awarding of any Federal contract; the making of 1-8 " 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. (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 M(A) of this clause are permitted under this clause. I-9 (ii) Professional and technical cervices. (A) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of-- Cl) 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 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 I-10 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 those required by law or regulation and any other requirements in the actual award documents. (D) Only those services expressly authorized by subdivisions (b)(3)(i0(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. (1) The Contractor who requests or receives from an agency a Federal contract shall file with that agency a disclosure form, OMB standard form 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— CO A cumulative increase of S25,000 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 individuals) influencing or attempting to influence a covered Federal action; or (iii) A change in the officer(s), employee(s), or Members) 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 L-11 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 as>end 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 Governsient from seeking any other remedy that my be applicable. (2) Contractors may rely without liability an the representation Made by their sibcontractors in the certification and disclosure form. (f) Cost atlowabitity. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unsllowable 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) I.9 52.203-7001 SPECIAL PROHIBITION ON EMPLOYMENT (DEC 1991) (a) Definitions. As used in this chute-- (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 contendere, for which sentence has been imposed. (3) "Date of conviction" means the date 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 an any DoD contract or first-tier subcontract; (2) Serving an 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- I-12 tier subcontractor shall be subject to a criminal penalty of not more than S500,000 if convicted of knowingly-- 0) Employing a person under a prohibition specified in paragraph (b) of this clause; or (2) Allowing such a 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 oay'consider other available remedies, such as-- Cl) 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— Cl) 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 $25,000. (End of clause) I.10 52.203-7002 DISPLAY OF DOD HOTLINE POSTER (DEC 1991) (a) The Contractor shall display prominently in common on work areas within business segments performing work under Department of Defense (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 22202-2884. (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) I.11 52.209-0006 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 1991) (a) The Government suspends or debars Contractors to protect the Government's interest. The Contractor shall not enter into any subcontract in excess of the small purchase limitation at FAR 13.000 with a Contractor that has been debarred, suspended, or proposed for debarment I-13 unless there is a compelling reason to do so. (b) The Contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed the small purchase limitation at FAR 13.000. 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 shalt notify the Contracting officer, in writing, before entering into a subcontract with a party that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information an the list of Parties Excluded from Procurement Programs). The notice must include the folLoying: (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 Procurement Programs. (3) The compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion an the List of Parties Excluded from Procurement 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) 1.12 52.212-0011 VARIATION IN ESTIMATED QUANTITY (APR 1984) If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shalt be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. if the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shatt ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified. (End of clause) (R 7-603.27 1968 APR) I-14 1.13 52.212-0012 SUSPENSION Of WORK (APR 1984) Ca) The Contracting Officer my 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 adtainistration of this contract, or C2) by the Contracting Officerts failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shalt be made for any increase in the cost of perfor ance.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 shalt 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 then the date of final payment under the contract. (End of clause) (R 7-602.46 19W FES) 1.14 52.214-0026 AUDIT--SEALED BIDDING (APR 1985) (a) Cost or pricing data. If the Contractor has submitted cost or pricing data in connection with the pricing of any modification to this contract, unless the pricing was based on adequate price competition. established catalog or market prices of commercial items sold in substantial quantities to the generat pubtic, or prices set by Law or regulation, the Contracting Officer or a representative who is an employee of the Government shall have the right to examine and audit all books, records, documents, and other data of the Contractor (including computations and projections) related to negotiating, pricing or performing the modification, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data. In the case of pricing any modification, the Comptroller General of the United States or a representative who is an employee of the Government shall have the same rights. I-15 (b) Availability. The Contractor shalt sake available at its office at all reasonable tines the materials described in paragraph (a) above, for examination, audit, or reproduction, until 3 years after final payment under this contract, or for any other period specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR). FAR Subpart 4.7, Contractor Records Retention, in effect on the date of this contract, is incorporated by reference in its entirety and ands a part of this contract. (1) if this contract is completely or partially terminated, the records relating to the work terminated shalt be amde 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 claim arising under or relating to the performance of this contract shall be made available until disposition of such appeals, litigation, or claims. (c) The Contractor shall insert a clause containing all the provision: of this clause, including this paragraph (c), in all subcontracts over $10,000 under this contract, altering the clause only as necessary to identify properly the contracting parties and the contracting office under the Government prime contract. (End of clause) I.15 52.214-0027 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA--RODIFICATIONS-- SEALED BIDDING (DEC 1991) (a) This clause shell become operative only for any modification to this contract involving aggregate increases and/or decreases in costs, plus applicable profits, of more than $100,000. or for the Department of Defense, the National Aeronautics and Space Administration, and the Coast Guard, more than $500.000. except that this clause does not apply to any, modification for which the price is-- CI) Based on adequate price competition; (2) Based on established catalog or market prices of commercial items sold in substantial quantities to the general public; or (3) Set by taw or regulation. (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 subcontractor 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 1-16 resulting from defects in date relating to modifications for which this clause becomes operative under paragraph (s) above. (c) Any reduction in the contract price under paragraph (b) above due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit nerkup, 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. td)(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 a defense: (i) The Contractor or subcontractor was a sole source supptier 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 ieas based on an agreement about the total cost of the contract and there was no agreement about the cost of each item procured 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 (6) 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 (8) 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 )-17 agreement an 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 an 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) For Department of Defense contracts only, a penalty equal to the am*Lnt of the overpayment, if the Contractor or subcontractor knowingly submitted cost or pricing data which were incomplete, inaccurate, or noncurrent. +The $500,000 threshold shalt revert to $100,000 after December 31, 1995. Therefore, ail subcontracts awarded after December 31. 1995, and/or sit changes or modifications made after December 31, 1995, shalt be subject to the $100,000 threshold. (End of clause) 1.16 52.214-0028 SUBCONTRACTOR COST OR PRICING DATA--MODIFICATIONS--SEALED BIDDING (DEC 1991) (a) The requirements of paragraphs (b) and (c) of this clause shall (1) became operative only for any modification to this contract involving aggregate increases and/or decreases in costs, plus applicable profits, expected to exceed $100,000, or for the Department of Defense, the National Aeronautics and Space Administration, and the Coast Guard, expected to exceed S500,000, and (2) be limited to such modifications. (b) Before awarding any subcontract expected to exceed $100,000, or for the Department of Defense, the National Aeronautics and Space Administration, and the Coast Guard, expected to exceed $500,000 when entered into, or pricing any subcontract modification involving aggregate increases and/or decreases in costs, plus applicable profits, expected to exceed $100,000, or for the Department of Defense, the National Aeronautics and Space Administration, and the Coast Guard, expected to exceed S500,000, the Contractor shall require the subcontractor to submit cost or pricing data (actually or by specific identification in writing), unless the price is-- 07 Based-on adequate price competition; (2) Based on established catalog or market prices of commercial items sold in substantial quantities to the general public; or (3) set by or regulation. (c) The Contractor shalt require the subcontractor to certify in 1-18 substantially the form prescribed in subsection IS AX-4 of the Federal Acquisition Regulation that, to the best of its knowledge and belief, the data submitted under paragraph (b) above 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 this paragraph (d), in each subcontract that exceeds 5100,000, or for the Department of Defense, the National Aeronautics and Space Administration, and the Coast Guard, in each subcontract that exceeds $500,000 when entered into. (End of clause) 1.17 52.215-DWI EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (FES 1993) (a) This clause applies if this contract exceeds the small purchase limitation in Part 13 of the Federal Acquisition Regulation (FAR) and was entered into by negotiation: (b) The Comptroller General of the united States or a duty authorized representative from the General Accounting office shalt, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart.4.7, Contractor Records Retention, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract. (c) The Contractor agrees to include in first-tier subcontracts urder this contract a clause to the effect that the Comptroller General or a duty authorized representative from the. General Accounting Office shall, until 3 years after final payment under the subcontract or for any shorter period specified in FAR Subpart 4.7, have access to and the right to examine any of the subcontractor's directly pertinent books, documents, papers, or other records involving transactions related to the subcontract. "Subcontract" as used in this clause, excludes (1) purchase orders not exceeding the FAR Part 13 small purchase limitation and (2) subcontracts or purchase orders for public utility services at rates established to apply uniformly to the public, plus any applicable reasonable connection charge. (d) The periods of access and examination in paragraphs (b) and (c) above for records relating to (1) appeals under the Disputes clause, (2) litigation or settlement of claims arising from the performance of this contract, or (3) costs and expenses of this contract to which the Comptroller General or a duty authorized representative from the General Accounting Office has taken exception shall continue until such appeals, Litigation, claims, or exceptions are disposed of. (End of clause) (R 7-104.15 1975 JUN) (R 1-7.103-3) 1-19 (a) Definition. ■Small business concern,• as aced in this clause, means a cone , including its affiliates, that is independently owned and steed, not dominant in the field of operation in which it is bided' on government and d qualified as a small business wide a size standards in 's solicitation. (b at. (1) offers are solicit ly from small business concerns. Offers r ved from concerns that a not s att business concerns shalt be considered ive and L be rejected. (2) Any sword t' free this solicitation will be made to a small business concern. (c) Agreemen . A menufact r or regular dealer submitting an offer in its own agrees to furnish, rforming the contract, only end items tared or produced by small busi s concerns inside the United ates, its territories and possessions, ! Commonwealth of Puerto Rico, the Trust Territory of the Pacific IsLands, or District of Columbia. However, this requirement does not apply in connect with construction or service contracts. (End of clause) (R 7-2003.2 1972 JUL) 1.19 52.219-0008 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS (FES MG) (a) It is the policy of the United States that smell business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, com+gonents, and rotated services for major system. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of aanunts due pursuant to the terms of their subcontracts with small business concerns end small business concerns evened amd controlled by socially and economically disadvantaged individuals. (b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract perforu rce. The Contractor further agrees to cooperate in any studies or surveys as any be conducted by the United States Small Business Administration or the awarding agency of the United States as my be necessary to determine the extent of the Contractor's compliance with this clause. (c) As used in this contract, the term 'small business concern' shall I-20 mean a smelt business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. The term "smatt busirness concern cued and controlled by socially and ecmwomicatly disadvantaged individuals• shalt.mean a small business concern (1) which is at least 51 percent unconditionally awned by one or more socially and economicatly 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-controt•ted•by one.or more.of such. inddividuals. This term- also means a small business concern that is at least 51 percent unconditionally awed by an econmically disadvantaged Indian tribe or 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 mewnbers of an economically di'sadvantaged'31ndiin tribe or Native NawaiUn Organization, and which meets the requirements of 13 CFR 124. The Contractor shell presume that socially. and.economically disadvantaged.indimiduals 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(a3 of the Smatt Business Act. The Contractor shalt presume that socially and economically disadvantaged entities also include Indian Tribes-and Native Hawaiian-Organizations: (d) Contractors acting in good faith my rely on written representations by their subcontractors regarding their status as either a small business concern or a smatt business concern owned and controlled by socially and 'economically disadvantaged individuals. (End of clause) 1.20 52.214-000¢ 1 SMLL BUSINESS AND•SRALL DiSADVWTAGED•BUSMS&SUBCOUTRACT3NG K AW (JAN 1991)--AL7ERNATE I (AUG 1989) (a) This.clause does not apply to smatt business concerns- (b) 'Commercial product,' as used in this clause, means a product in regular production that is sold in substantial Quantities to the general public and/or industry at established catalog or market prices. it also 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-emptvyee 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, shalt zd3mit a srbcoritractirp plan, where applicable, which separately 1-21 addresses subcontracting with small business concerns and with.small disadvantaged business*concerns. If the bidder is submitting an individual contract plan, the plan must separately address subcontracting with small business concerns and with small disadvantaged 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: Cl) Goals, expressed in terms-of percentages of total planned subcontracting dollars, for the use of small business concerns and disadvantaged 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; and (III) Total dollars planned to be subcontracted to small disadvantaged business concerns. 0) 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 and (ii) small disadvantaged business concerns. (4) A description of the method used to develop the subcontracting goals in (1) above. (5) A description of the method used to identify potential sources for solicitation purposes (e.g., 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 and small disadvantaged business concerns trade associations). W 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 and (ii) small disadvantaged business concerns. (7) The name of the individual employed by the offeror who will administer the offerors subcontracting program, and a description of the duties of the individual. 1-22 (B) A description of the efforts the offeror will make to assure that aarsll business concerns and small disadvantaged business concerns have an equitable opportunity to compete for subcontracts. (9) Assurances that the offeror will include the clause in this contract entitled Mdtilization of Samll Business Concerns and Small Disadvantaged Business Concerns■ in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontrectors (except aaamll business concerns) who receive subcontracts In excess of $500.000 (t1,000,000 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 my 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 SF 295, Summery Subcontract Report, in accordance with the instructions on the forms, and (iv) ensure that its subcontractors agree to submit Standard Foram 294 and 295. (11) A recitation of the types of records the offeror will mintain 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 smell and smell disadvantaged business concerns and award subcontracts to them. The records shall include at least the following Can a plant-wide or company-wide basis, unless otherwise indicated): (i) Source lists, guides, and other data that identify small and small disadvantaged business concerns. (ii) Organizations contacted in an attempt to locate sources that are smell or small disadvantaged 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 rot, why not, (B) whether small disadvantaged business concerns were solicited and if not, why not, aid (C) if applicable, the reason award was not made to a saran 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 and small disadvantaged 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 programsts requirements. (vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, 1-23 address, and business size of each subcontractor. Contractors having company or division-wide ann ust plants naed.not empty with this requiraaant. (e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions: Cl) Assist smell business and smmtL disadvantaged business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor's lists of potential smslL business and s■att disadvantaged subcontractors are excessively lap, reasonable effort shatt be made to give stL such sett business concerns on opportunity to coapete over a period of time. (2) Provide adequate and timely consideration of the potentialities of smell business and small disadvantaged business concerns in all `make-or-buy" decisions. (3) Counsel and discuss subcontracting opportunities with representatives of small and small disadvantaged business firms. (4) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small business or small disadvantaged business for the purpose of obtaining a subcontract that is to be included as part or all of a Vast 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 incorporsted 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)CI) 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 affect during the offoror's fiscal year for all of the offeror's commercial products. I-24 (h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in deteminino the responsibility of the offeror for award of the contract. (1) The failure of the Contractor or subcontractor to comply in good faith with (1) the clause of this contract entitled wMitization of Small Business Concerns and Small Disadvantaged Business Concerns,* or (2) an approved plan required by this clause, shall be a material breach of the contract. (End of clause) (a) The Small Business Administration (SBA) has entered into Contract No. with the to furnish the supplies or services as described therein. A copy of the contract is attached to and made a part hereof. (b) The , hereafter referred to as the subcontract , agrees and acknowledges as follows: (1) That it will, for and on behalf of the SBA, fulfi and perform all of the requirements of Contract No. the consideration ated therein and that it has read and is famili with each and every part of a contract. (2) at the SBA has delegated respo sibi ty, except for novation agreement and advance payments, for th inistration of this subcontract the • with c late authority to take any action on behalf of the C anent under th tens and conditions of this subcontract. (3) That it will t subcont t the performance of any of the requirements of this act to any lower tier subcontractor without the prior written of the SBA and the designated Contracting - Officer of the (4) That it wit notify the Contracting Officer in writing immediately entering an agr t (either oral or written) to transfer all or per of its stock or other ship interest to any other party. (5) T t, in accordance with section 1(b) of Pub. L. 100-656, it will tablish a special account, at a rowed by the Federal Deposit urance Corporation, under which (i) all ps is under this subcontract will be deposited directly by the and (ii) all disbursements will be subject to approval and counte signature by the SBA or a third party approved by SBA. (6) That it will make timely payment to all suppliers o terial or Labor. (7) That it will notify all suppliers of material or labor ill obtain written acknowledgment from such suppliers, that the contrac is exert from the Miller Act's bonding requirement and that neither the I-25 I.22 52.219-0013 UTILIZATION OF MCN-OWED SMALL SUSIMESSES (AUG 1986) (a) xYarn-oumd small businesses,* as used in this clause, mans smell business concerns that are at least 51 percent armed by women who are United States citizens and who also control and operate the business. •Control,• as used in this clause, awns exercising the power to make policy decisions. 20perate,■ as used in this clause, macs being actively involved in the day-today management of the business. •Smatl business concern,■ as used in this clause, means a concern including its affiliates, that is irdependtntly owned and operated, not dominant in the field of operation in which it is bididing•on government contracts, and qualified as a smell business under the criteria mid size standards in 13 CFR 121. (b) It is the policy of the United States that women-Dead smell businesses shall have the mariaum practicable opportunity to participate in perf6roing contracts awarded by any Federal agency. CO The Contractor agrees to use its best efforts to give women-oured smell businesses the maximum practicable opportunity to participate in the subcontracts it swards to the fullest extent consistent with the efficient performance of its contract. (d) The Contractor may rely an written representations by its subcontractors regarding their status as woman-aced small businesses. (End of clause) 1.23 52.219-0016 LIMITATIONS ON SUBMTRACTING (JAM 1991) (a) This clause does not apply to the unrestricted portion of a partial set-aside. (b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for-- (1) Services (except construction). At least SO percent of the cost of contract performance incurred for peradrnel shall be expended for employees of the concern. (2) Supplies (other than procurement from a regular dealer in such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials. (3) genersl construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees. CO Construction by special trade contractors. The cavern will I-26 perform at least 25 percent of the cat of the contract, not including the cost of materials, with its own employees. (End of clause) 1.24 52.219-0016 LIWIDATED DAY=$--SMALL BUSINESS RMCOU ACTING PLAN (AUG 1989) (a) "Failure to make a good faith effort to comply with the subcontracting plan,■ as used in this subpart, ratans a willful or intentional failure to perform in accordance with the reWiraments of the subcontracting plan approved under the clause in this contract entitled ■Small Business and Small Disadvantaged Business Subcontracting Plan,• or willful or intentional action to frustrate the plan. (b) If, at contract completion, or in the case of a commercial products plan, at the close of the fiscal year for which the plan is applicable, the Contractor has failed to met 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 and Small Disadvantaged Business Subcontracting Plans, 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, shell be an amount equal to the actual dollar amount by which the Contractor failed to achieve each subcontract goal or, in the ease 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 froth 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 products plans; i.e., company-wide or division-wide subcontracting plans approved under paragraph (g) of the clause in this contract entitled, Small Business and Small Disadvantaged 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 an behalf of all agencies that awarded contracts covered by that commercial products plan. (e) The Contractor shad have the right of appeal, under the clause in I-27 this contract entitled, Disputes, from any final decision of the Contracting Officer. (f) Liquidated damages shall be in addition to any other remedies that Government my have. (End of clause) 1.25 52.219-7003 SMALL BUSINESS AND SMALL DISADVANTAGED BUSIUESS SUBCONTRACTING PLAN (DOD CONTRACTS) (DEC 1991) This clause supplements the Federal Acquisition Regulation 52.219-9, Segall Business and Small Disadvantaged Business Subcontracting Plan, clause of this contract. (a) Definitions. ■Niatorieslly black colleges and universities,• as used in this clause, means institutions determined by the Secretary of Education to meet the requirements of 34 CFR section 608.2. `Minority institutions,■ as used in this clause, means institutions meeting the requirements of paragraphs (3), (4), and (5) of section 312(b) of the Nigher Education Act of 1965 (20 U.S.C. 1058). The term also means any nonprofit research institution that was an integral part of a historically black college or university before November 14, 1986. (b) Except -for compww or division-wide commercial products subcontracting plens, 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) York 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 lards or in joint venture with an Indian tribe or a tribelly-owned corporation, and (2) It meets the requirements of section 832 of the FY90 DoD Authorization Act, Pub. L. 101-189. (d) The master plan approval referred to in paragraph (f) of the FAR 52.219-9 clause is approval by the Contractorfs cognizant contract administration activity. (End of clause) I.26 52.220-0003 UTILIZATION OF LABOR SURPLUS AREA CONCERNS (APR 1984) (a) Applicability. This clause is applicable if this contract exceeds the appropriate small purchase limitation in Part 13 of the Federal Acquisition Regulation. (b) Policy. It is the policy of the Government to award contracts to concerns that agree to perform substantially in labor surplus areas (LSA's) when this can be done consistent with the efficient performance of the contract and at pr°ces no higher than are obtainable elsewhere. The I-28 Contractor agrees to use its best efforts to place subcontracts in accordance with this policy. (e) Order of preference. In emptying with paragraph (b) above onrd with paragraph (e) of the clause of this contract entitled Utilization of mall Wsiness Concerns and Small Disadvantaged Business Concern, the Contractor shall observe the following order of preference in awarding subcontracts: (1) snail business concerns that are LSA concerns, (2) other small business concerns, and (3) other LSA concerns. (d) Definitions. "Labor surplus area,• as used in this clause, means a geographical area identified by the Departmerut of Labor in accorda with 20 CFR 654, Subpart A. as an era of concentrated unemployment or underemployment or an era of labor surplus. (Labor surplus area concern," as used in this clause, mans a concern that together with its first-tier subcontractors will perform substantially in labor surplus areas. Performance is substantially in labor surplus areas if the costs incurred under the contract on account of manufacturing, production, or performance of appropriate services in labor surplus areas exceed 50 percent of the contract price. (End of clause) (R 1-1.805-30)) (R 7-104.20(m) 1981 MAY) I.27 52.220-0004 LABOR SURPLUS AREA SUBCONTRACTING PROGRAM (APR 1934) (a) see the Utilization of labor Surplus Area Concerns clause of this contract for applicable definition. (b) The Contractor agrees to establish and conduct a program to encourage labor surplus area (LSA) concerns to compete for subcontracts within their capabilities when the subcontracts are consistent with the efficient performance of the contract at prices no higher than obtainable elsewhere. The Contractor ahall-- (1) Designate a liaison officer who will (i) maintain liaison with authorized representatives of the Government on LSA matters, (ii) supervise compliance with the Utilization of Labor Surplus Area Concerns clause, and (III) administer the Contractor's labor surplus area subcontracting program; (2) Provide adequate and timely consideration of the potentialities of LSA concerns in all make-or-buy decisions; (3) Ensure that LSA concerns have an equitable opportunity to compete for subcontracts, particularly by arranging solicitations, time for the preparation of offers, quantities, specifications, and delivery schedules so as to facilitate the participation of LSA concerns; (4) Include the Utilization of Labor Surplus Area Concerns clause in subcontracts that offer substantial LSA subcontracting opportunities; and 1-29 (5) Maintain records shorting Ci) the procedures adopted and CM the Contractor's performance, to comply with this clause. The records will be kept available for review by the Government until the expiration of 1 year after the award of this contract, or for such Langer period as may be required by any other clause of this contract or by applicable Law or regulation. Cc) The Contractor further agrees to inert in any related subcontract that aaly exceed $500,000 and that contain the Utilisation of Labor Surplus Area Concern: clause, term that conform substantially to the language of this clause, including this paragraph Cc), and to notify the Contracting Officer of the names of aubcontractors. (End of clause) CRI-1.805-3Cb)) CR 7-104.20Cb) 1978 dUN) 1.28 52.222-0001 NOTICE TO THE GOVERNMENT Of LABOR DISPUTES CAPR 1984) (a) If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer. Cb) The Contractor agrees to insert the substance of this clause, including this paragraph (b), in any subcontract to which a labor dispute my delay the timely performance of this contract; except that each subcontract shall provide that in the event its timely performance is delayed or threatened by delay by any actual or potential labor dispute, the subcontractor shall immediately notify the next higher tier subcontractor or the prime Contractor, as the case nay be, of all relevant information concerning the dispute. CEnd of clause) CR 7-203.27 1967, JLW) CAV 7-104.4 1958 SEP) (AV 7=603.1 1958 SEP) I.29 52.222-0003 CONVICT LABOR (APR 1984) The Contractor agrees not to employ any person L-idergoing sentence of impriso'ment in performing this contract except as provided by 18 U.S.C. 4032Cc)(2) and Executive Order 11755, Decedx 29. 1973. CEnd of clause) CR 7-104.17 1975.00T) CR 7-607.12 1975 OCT) CR 1-12.204) 1-30 I.30 52.222-0004 CONTRACT WORK MOMS AND SAFFTY STANDARDS ACT--OVERTIME COMPENSATION (MAR 1986) (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which my require or involve the amployment of taborer& or mechanics Case Federal Acquisition Rewtstion (FAR) 22.300) shall require or permit any such laborers or mechanics in any workweek in which the individual is amployed 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 than 1 1/2 times the basic rate of pay for all hours worked in axcess of 40 hours in such workweek. (b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provision 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 On the use 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 Prima Contractor, or any other Federally-assisted contract subject to the Contract Work Noun and Safety.Standards Act which is held by the same Prim Contractor, such sums as my 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 enployee, social security number, correct classification, 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 of records required to be maintained for construction work by Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Davis-bacon Act. (2) The records to be maintained under paragraph (d)(1) of this clause I-31 shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorised 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 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 prior Contractor shall be responsible for compliance by any subcmtractor or lower tier subcontractor with the provisians set forth in paragraphs (a) through (a) of this clauaue. ' (End of clause) I.31 52.222-0006 DAVIS-BACON ACT (FEB 19W) (a) All laborers and mechanics esployed 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 an any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor order the Copeland Act (29 CFR Part 3)), the full amount of wages and bons fide fringe benefits (or cash equivalents thereof) due at time of payment carpeted at rates riot less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of arty contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bons 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 then quarterly) under plans, funds, or programs which cover the particular weekly period, are deened 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 as provided in the clause entitled Apprentices and Trainees. Laborers or mechanics performing work in more then 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 wee rates conformed under paragraph (b) of this clause) and the Davis-Bacon poster (YB-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a 1-32 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 aaployed under the contract shall be classified in confonaanee with the wage determination. The Contracting Officer shall approve an additions) classification and wage rate and fringe benefits therefor only when all the following criteria have bean met: (i) The work to be performed by the elassification 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. (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 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 to 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 subperagraphs (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 performad 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 I-33 as an hourly rate, the Contractor shall either pay the benefit as stated in the was 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 woes of any laborer or mechanic the amount of any cats reasonably anticipated in providing bone 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) I.32 52.222-0007 WITNNOLDINC OF FUNDS (FEB 1988) The Contracting Officer shall, upon his or her own action or upon written request of an authori zed 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 an the site of the work, all or part of the wages required by the contract, the Contracting Officer my. 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) I.33 52.222-0008 PAYROLLS AND BASIC RECORDS (FEB 1988) (a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the came 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 containr the name, address, and social security number of each such worker, his or her correct.cLassffication, 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)(9) of the Davis-Bacon Act), daily and weekly mm ber of hours worked, deductions made, and actual.wages paid. Whenever the Secretary of.Labor has farad, 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 I-34 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 bsnwefits is enforceable, that the plan or program 1s firmcially responsible, and that the plan or program has been communicated in writing to the laborers or nedmics 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 ■aintsin 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 &hall 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 (a) of this clause. This information may be submitted in any form desired. Optional Form YH-347 (Federal Stock Number 029-005-00014-1) is evadable for this purpose and may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Vashington, PC 20402. The Prime Contractor is responsible for the submission of copies of payrolls by all 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, mid that no deductions have been auk 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. M The weekly submission of a properly executed certification set forth on the reverse side of Optional Form YN-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 1-35 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 psragraph (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 emplayees during working hours on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the Contracting Officer my, after written notice to the Contractor, take such action as my be necessary to cause the suspension of any further psyment. 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) I.34 52.222-0009 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 smployed pursuant to and individually registered in a bons fide apprenticeship program registered with the U.S. Deportment 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 journoy■en 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 be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction an a project in a Locality other then that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractorts or subcontractor's registered program shell be observed. Every apprentice 1-36 ant 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 baraffts, apprentices suet be paid the full arrant of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprantice classification, fringes shall be paid in accordance with that determination. In the evert the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor 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. M 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 certificatfon 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 suet 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 Hour Division determines that there is an apprenticeship program associated with the corresponding journeymen wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed an 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 leas 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 Adminfatratfon 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. I-37 (c) Equal employment opportunity. The utilization of apprentices, trainees, and journeymm 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) I.35 52.222-0010 COPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1906) The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this contract. (End of clause) 1.36 52.222-0011 SUBCONTRACTS (LABOR STANDARDS) (FEB 19M) (a) The Contractor or subcontractor shall insert in any subcontracts the clauses entitled Davis-Bacon Act, Contract York Noun and Safety Standards Act--Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with Copeland Act Requirements, Withholding of Furls, 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 Acknowledgment Form (SF 1413) for each subcontract, including the subcontractor's signed and dated acknowledgment 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 SF 1413 for such additional subcontract. (End of clause) I.37 52.222-0012 CONTRACT TERMINATION--DEBARMENT (FEB 19W) A breach of the contract clauses entitled Davis-Bacon Act, Contract Work Nours and Safety Standards Act--Overtime Compensation, Apprentices and Trainees. Payrolls and Basic Record, Compliance with Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Davis-Bacon and Related Act Regulations, or Certification of Eligibility my 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) 1-38 I.38 52.222-0013 COMPLIANCE WITH DAVIS-RADON 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) 1.39 52.222-0014 DISPUTES CONCERNING LABOR STANDARDS (FEB 19ii8) The United States Depsrtn+ent of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes concerning labor standards requirments. such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the sraning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Departmnt of Labor, or the employees of their representatives. (End of clause) I.40 52.222-0015 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 Contractorfs fin is a person or firm ineligible to be awarded Government contracts by virtue of section.Re) of the Davis-Boon 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(0(1). (c) The penalty for inking false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (End of clause) I.41 52.222-0018 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (MAY 1992) (a) During the term of this contract, the Contractor agrees to post a notice, of such size and in such form as the Secretary of Labor my prescribe, in conspicuous places in and about its plants and offices, including all places where notices to employees are eustamarily posted. The notice shall include the following inforastion (except that the last sentence shall not be included in notices posted in the plant or offices of carriers subject to the Railway Labor Act, as amerxkd (45 U.S.C. 151-188)): Notice to Employees Under Federal law, employees cannot be required to join a union or mintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an eaployer to enter into I-39 a onion-security agreement requiring employees to pay uniform periodic dues and initiation fees. Norever, eaployses.who are not union members can object to the use of their psyments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, cant rect.ad•inistratian, and grievance adjustment. If you believe that you have been required to pay dues or fees Load in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you my be entitled to a refund and to an appropriate reduction in future payments. For further information concerning your rights, you may wish to contact either a Regional Off fee of the NatiansL Labor Relations Board or: National Labor Relation Board, Division of Information, 1717 Pennsylvania Avenue, NH, Washington, DC 20507. (b) The Contractor will comply with all provisions of Executive Order 12800 of April 13, 1992, and related rules, regulation, and orders of the Secretary of Labor. (c) In the event that the Contractor does not campty with any of the requirements set forth in paragraphs (a) or (b) of this clause, this contract my be cancelled, terminated, or suspended in whole or in part, and the Contractor my be declared ineligible for further Government contracts in accordance with procedures authorized in or adopted pursuant to Executive order 12800 of April 13, 1992. Such other sanction or remedies my be imposed as are provided in Executive Order 12BM of April 13, 1992, or by rule, regulation, or order of the Secretary of Labor, or as are otherwise provided by law. (d) The Contractror will include the provision of paragraphs (a) through (c) in every subcontract or purchase order entered into in connection with this contract unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 128M of April 13, 1992, so that such provision will be binding upon each subcontractor or vendor. The Contractor wilt take such action with respect to any such subcontract or purchase order as my be directed by the Secretary of Labor as a means of enforcing such provision, including the imposition of sanctions for noncompliance; provided, however, that if the Contractor becomes involved in Litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor my request the United States to enter into such litigation to protect the interests of the United States. (End of clause) I.42 52.222-0026 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 I-40 nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with subparagraphs (b)(1) through (11) below. Upon request, the Contractor shell provide information necessary to determine the applicability of this clause. (b) During performing this contract, the Contractor igrses as follows: (1) The Contractor shall not discriminate against any employee or applicant for amployment because of race, color, religion, sex, or national origin. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employ sas are treated during employment, without regard to their race, color, religion, am, or national origin. This shall include, but not be limited to, (i) employment, (it) upgrading, (tit) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vti) rates of pay or other form of compenseticn, 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 sll 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, am, or national origin. M The Contractor shall send, to each labor union or 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. (T) The Contractor shall furnish to the contracting agency all information required by Executive Order 112", as mended, and by the rules, regulations, and orders of the Secretary of Labor. Standard Fora 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, regulations, and orders. I-41 (9) If the OFCCP determines that the Contractor is rot in compliance with this clause or any rule, reguletion, or order of the Secretary of Labor, this contract my be canceled, ter■insted, or suspended in whale or in part and the Contractor my be declared ineligible for farther Coverromnt contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanction any be imposed and remedies invoked against the Contractor as provided in Executive Order 112". as amended, the rules, regulations, end orders of the Secretery of Labor, or as otherwise provided by Low. (10) The Contractor &hall include the term and condition of subperagraph (b)(1) through (11) of this clause in every subcontract or purchase order that is not exempted by the rules, regulation, or orders of the Secretary of Labor issued under Executive Order 112", as aaKrded, so that these terms and conditions will be binding upon each subcontractor or vendor. (11) The Contractor &hall take such action with respect to any subcontract or purchase order as the contracting agency my direct as a means of enforcing these terms and conditions, including sanction for noncompliance; provided, that if the Contractor beconas involved in, or Is threatened with, l•itigetion 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 1973 SEP) (R 1-12.803-2) (R 7-607.13 1973 SEP) I.43 52.222-0027 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, mews Director, Office of Federal Contract Compliance Programs (OFCCP), United States Department of Labor, or any person to wham the Director delegates authority. "Employer's identification number,■ as used in this clause, mans the Federal Social Security number used on the employer's quarterly federal tax return, U.S. Treasury Department Form 941. "iiirority,• as used in this clause, mean-- (I) American Indian or Alaskan Native (all persons having origin in any of the original peoples of North America and maintaining Identifiable tribal affiliations through mmbership and participation or community identification). I-42 (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 groins not of Nispenic origin); and (4) Nispenic (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 $16,000 &hall 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 Nometown 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 sll 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 subparagraphs (9)(1) through (16) of this clause. The goals stated in the solicitation for this contract are axpreased as percentages of the total hours of employment and training of minority and femele utilization that the Contractor should reasonably be able to achieve in each construction trade in which it has amployses 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 make substantially uniform progress toward its goals in each craft. (a) Neither the terns 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 1-43 Contractor sust have made a comaitmant to employ the apprentices and trainses at the completion of their training, subject to the availability of amployaent opportunities. Trainees suet be trained pursuant to training programs approved by the U.S. Department of Labor. (g) The Contractor shall take affirmative action to ensure eo}al employment opportunity. The evaluation of the Contractor's compliance with this clause shall be based upon its effort to achieve maxis m results from its actions. The Contractor shall document these efforts fully and implement affirmative action steps at least as extensive as the following: (i) Ensure a working anvirorsent 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 &&sign 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 Contractors 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 cammnity organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizational responses. (3) Establish and maintain a current file of the names, addresses, and telephone nunbers of each minority and fmle off-the-street applicant, referrals of minorities or females from unions, recruitment sources, or community organization, and the action taken with respect to each individual. If•an individual was sent to the union hiring hall for referral and not referred beck 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 action.the Contractor may have taken. (4) Imrmediately notify the Director when the union or unions with which the Contractor has a collective bargaining agrisment has not referred beck 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 obl i gat i onns. (5) Develop on-the-job training opportnnities .aWor 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 creeds, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under subparagraph (g)(2) above. I-44 (6) Disseoinste the Contractor's equal amployment 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; (if) Including the policy in any policy manual and in collective bargaining agreements; (III) Publicizing the policy in the company newspaper, amuml report, ate.; (iv) Reviewing the policy with all mnnagasent 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 sll employees having responsibility for hiring, assignment, layoff, termination, or other employment decisions. Conduct review of this policy with ail onsite supervisory personnel before initiating construction work at a job site. A written record shall be mede and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (6) 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 Contractor does or anticipates doirrp business. (9) Direct recruitment efforts, both oral and written, to minority, female, and commnity organizations, to schools with minority and female students, and to minority and famele recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than 1 month before the date for acceptance of applications for apprenticeship or training by arty 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 fammle amployees 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 took or to prepare for, through appropriate training, etc., opportunities for promotion. I-45 (13) Ensure that seniority practices job classifications, work assignments, and other persanrnl practices do not have a discriminatory effect by continually monitoring all parsonnal and employment-related activities to ensure that the Contractores obligations under this contract are being carried out. (14) Ensure that all feel tIties 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 grad famele contractor associations and other business associations. 06) 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 am or more of the affirmative action obligations contained in subparagraphs (g)(1) through (16). The efforts of a contractor association, joint contractor-union, contractor-comanity, or similar group of which the contractor is a mreaber and participant may be asserted as fulfilling one or more of• its' obligations under subparagraphs (g)(1) through (16), provided the Contractor— CI) Actively participates in the group; (2) Makes every effort to enure that the group has a positive impact an the employment of minorities and women in the industry; (3) Ensures that concrete benefits of the program are reflected In the Contractorls 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 an 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 defence 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 enploymient opportunity arid-to take off irmstive action for all minority groups, both mole and female, and all women, both minority and nonminority. Consequently, the Contractor may be in violation of Executive Order 112", as aroeded, if a particular group is employed in a substantially disparate manner. Q) The Contractor shall not use goals or affirmative action standards to discriminate against any person because of race, color, religion, sex, I-�i6 or national origin. (k) The Contractor shall not enter into any subcontract with any person or fire debarred from GovernmaI contracts under Executive Order 11246, as aeerded. (I) 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 my be imposed or ordered under Executive Order 11246, as amended, and its impleeentinng.regulatiorn, by the OFCCP. Any failure to carry out these sanction and penalties as ordered shall be a violation of this clause mid Executive Order 112", as amended. (e) 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 41 CFR 60-4.9. (n) The Contractor shall designate a responsible official to-- CI) Monitor all employment-related activity to ensure that the Contractor's equal employment policy is being carried out; (2) Submit reports as my be required by the Government; and (3) Keep records that shall at least include for each employee the name, address, telephone number, construction trade, union affiliation Cif any), employee identification amber, 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 shsll be maintained in an seally 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 Yorks Employment Act,of 1977 and the Community Development Block Grant Program). (End of clause) (R 7-603.60 1973 SEP) I." 52.222-0035 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 1-47 public employment offices assigned to serve the area Where the aaploymm t opening is to be filled, including the District of Colusbta, Guam, Puerto Rico, Virgin Islands, Amertean 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 Contractors& organization (including any affiliates, subsidiaries, and the parent eoapan1as) 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 smploymm t openings that the Contractor proposes to till fret union halls, under their Customary and traditional employer-union hiring relationship. "Suitable employment openings,■ as Load in this clause-- (1) Includes, but is not limited to, openings that occur in jobs categorized as-- . (i) Production and nonproductian; (ii) Plant and office; (fit) laborers and mechanics; (iv) Supervisory and nonsupervisory; (v) Technical; and NO Executive, administrative, end professions) positions eampensated on a salary bests of less than M,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. Cl) Regarding any position for Which the employee or applicant for employment is qualified, the Contractor shall rot discriminate against the indfvidusl because the individual is a special disabled or Vietnam Ere veteren.Z The Contractor agrees to take affirmative actfan to employ, advance in employment, and otherwise treat qualified special disabled and Vietr m Era veterans without discrimination based upon their disability or veterans, status in all employment practices such as-- (t) Employment; (ii) Upgrading; (tit) Demotion or transfer; (iv) Reeruftmhent; (v).Advertfsfng; NO layoff or termination; I-i8 (vim) Rates of pay or other forms of compensation; and (vita) Selection for training, including apprenticeship. (2) The Contractor agrees to eoWly with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Vietnam Era Veteranst Readjustment Assistance Act of 1972 (the Act), as amended. (c) Listing openings. (1) The Contractor agrees to list all suitable employmnt openings existing at contract award or occurring during contract performance, at an appropriate office of the State employment service system in the locality where the opening occurs. These opening: include those occurring at any Contractor facility, including one not connected with performing this contract. An irdependent corporate affiliete 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 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 bons 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 prong 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 terns of this clause, it shall advise the State smployment 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, (if) listing would be contrary to national security, or (III) the requirement 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 CO above of this clause do not apply to openings that the Contractor proposes to fill from within its own 1-49 organisation or under a mxstamory and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening ante an employer decides to consider applicants outside of its own organization or emmplayer-union arrangement for that opening. (e) Postings. (1) The Contractor press to post employment rotfcas stating (i) the Contractorts obligation under the law to take affirmative action to amplay and advance in employment qualified special disabled veterans and veterans of the Vietnam era, and (ii) the rights of applicants and m ployess. (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 board by the terms of the Act, and is committed to take affirmative action to employ, and advance in smployment, qualified special disabled and Vietnam Era veterans. (f) Noncompliance. If the Contractor does not empty with the requirements of this clause, appropriate action way be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. (g) Subcontracts. The Contractor shall include the term of this clause in every subcontract or purchase order of $10,000 or more unless exepted by rules, regulations, or orders of the Secretary. The Contractor shall set as specified by the Director to enforce the term, including action for noncompliance. (End of clause) (R 7-103.27 1976 JUL,) (R FPR Temp. Reg. 39) 1.45 52.222-0036 AFFIRMATIVE ACTION FOR HANDICAPPED 1ARKERS (APR 1984) (a) General. Cl) 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 sll employment practices such as-- (I) Employment; (if) Upgrading; (iii) Demotion or transfer; (iv) Recruitment; 1-50 (v) Advertising; NO Layoff or termination; (vii) Rates of pay or other fors of compensation; and CAM Selection for training, including apprenticeship, (2) The Contractor ogress to empty 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. (b) Postings. (1) The Contractor agrees to post employment notices stating (i) the Contractorfs 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 Program, 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 terns of this clause in every subcontract or purchase order in excess of $2,500 unless exaapted 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 7-103.2E 1976 MAY) (R FPR Temp. Reg. 38) 1.46 52.222-0037 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1988) (a) The contractor shall report at least amually, as required by the Secretary of Labor, on: (1) The ru ber 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 nxmrber of special disabled I-51 veterans, and the number of veterans of the Vietnam era. (b) The above items shall be rq= ad by completing the form entitled •Federal Contractor Veterans' Employment Report VETS-100.0 (c) Reports shall be submitted no later than March 31 of each year beginning March 31, 1988. (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 employeant profile report required by paragraph (a)(1) of this clause. Contractors may select an ending date: (1) As of the and 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 Informmtion 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 ere 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 inforsation will not subject the applicant or employee to any adverse treataunt 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 510,000 or more unless exempted by rules, regulations, or orders of the Secretary. (End of clause) 1.47 52.223-0002 CLEAN AIR AND WATER (APR 1984) (a) ■Air Act■, as used in this clause, mans the Clean Air Act (42 U.S.C. 7401, at 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 11738; (2) An applicable isplementstion plan as described in section 110(d) of the Air Act (42 U.S.C. MOM); (3) An approved implementation procedure or plan under section 111(c) or section 111(d) of the Air Act (42 U.S.C. 7411(c) or (d)); or (4) An approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 7412(d)). I-52 "Clean water standards,• as used in this clause, means any enforceable Limitation, control, condition, prohibition, standard, or other requirement promulgated under the Meter Act or contained in a permit issued to a diseharger by the EPA or by a State under an approved program, as authorized by section 402 of the Meter Act (33 U.T.C. 1342), or by local government to ensure compliance with pretreatment regulations as required by section 307 of the Meter Act (33 U.S.C. 1317). •Compliance,■ as Lead in this clause, means compliance with-- CI) 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 Meter 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, teased, or supervised by a Contractor or subcontractor, used in the performance of a contract or subcontract. When a location or site of operations includes 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 one geographical area. Water Act," as used in this clause, means Clean Meter Act (33 U.S.C. 1251, at seq.). (b) The Contractor agrees-- CI) To eomply 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 wall as other requirements specified in section 114 and section 305 of the Air Act and the Meter Act, and all regulations and guidelines issued to implement those sets 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 an 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 (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) 1-53 I.48 52.223-0006 DRUG-FREE iiMKPLACE (JUL 1990) (a) Definitions. As used in this clause, •Controlled substance• ■ears 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 repletion at 21 CFR 1308.11 - 13M.15. ■Conviction■ means a finding of guilt (including a plea of nolo contenders) or ieposition of sentence, or both, by any judicisl body charged with the responsibility to determine violation of the Federal or State criminal drug statutes. ■Criminal drug statute+ mean a Fedarsl or non-Federal criminal statute involving the manufacture, distribution, dispersing, possession or use of any controlled substance. &Drug-free workplace■ sawn the site(&) for the performer=* 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. aDireotly engaged" is defined to include sit 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, ahall--within 30 calendar days after award (unless a longer period is agreed to in writing for contracts of 30 calendar days or more performance duration), or as soon as possible for contracts of lest than 30 calendar days performance duration-- (1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispersing, 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 violation of such prohibition; (2) Establish an ongoing drug-free awareness program to inform such 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 cohsselirig. 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 ell 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 statement required by subparagraph (b)(1) of this clause that, as a condition of continued I-54 employment on this contract, the employee will-- (i) Abide by the terns of the statamsnt;'aid (ii) Notify the employer in writing of the asployee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 calendar days after such conviction. (5) Notify the Contracting Officer in writing within 10 colander days after receiving notice under subdivision (b)(4)(ii) of this clause, from on amployee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Mithin 30 calendar days after receiving.notice under subdivision (b)(4)(ii) of this clause of a conviction, take one of the following action 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 terminstion; or Cif) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or lout health, law enforcement, or other appropriate agency. (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 in the performance of this contract. (d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (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 for default, and suspension or debarment. (End of clause) 1.49 52.223-7004 DRUG-FREE WORK FORCE (SEP 1988) (a) Definition. (1) •Employee in a sensitive position,■ as used in this clause, means an employee who has been granted access to classified informetion; 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(6) 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 I-55 not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by low. (b) The Contractor agrees-to institute and maintain a program for achieving the objective of a drug-free work force. White this clause defines criteria for such a program, contractors are aneouraged to implement alternstive approaches comparable to the criteria in paragraph (c) that are designad to achieve the objectives of this clause. (c) Contractor programs shall include the following, or appropriate alternatives: (1) Employee assistance programs sophasizing high level direction, 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 watt 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 an a controlled and carefully monitored basis. Employee drug testing programs shalt be established taking accent of the following: (i) The Contractor shalt 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 an 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 on 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 employee drug testing program. (iii) The Contractor my establish a program to test applicants for employment for illegal drug use. (iv) For the purpose of administering this clause, testing for illegal drugs my be limited to those substances for which testing is prescribed by section 2.1 of Subpert'l of the •Mandatory Guidelines for Federal Workplace Drug Testing Programs• (53 FR 11980 (April 11 1988)), issued by the Depertment of Health and Human Services. I-56 (d) Contractors shall adopt appropriate persavwL procedures to deal with employees who are found to be using drugs illegally. Contractors shall not allow any employee to remain an duty or perform in a sensitive position Who is found to use illegsl drugs until such time as the Contractor, in accordance with procedures established by the Contractor, determines that the employee my perform in such a position. (a) The provisions of this clause pertaining to drug testing programs shall not apply to the extent thay are inconsistent with state or local law, or with an existing collective bargaining agreement; provided that with respect to the Latter, the contractor &gross that these issues that are in conflict will be a subject of negotiation at the next collective bargaining session. (End of clause) 1.50 52.225-0005 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (NAT 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 these 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 amergency Lighting, fire alarm, and audio evacuation system, 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 msteri&L,■ as Load 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 cast of all its components. Components of foreign origin of the same class or kind as the construction materials determined to be hrsvailable pursuant to su!:paragraph 25.202(a)(3) of the Federal Acquisition Regulation (FAR) shall be treated as domestic. (b) The Contractor agrees that only domestic construction material will be used by the Contractor, subcontractors, mmterialmen, 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). 1-57 (End of clause) I.51 52.225-0011 RESTRICTIONS ON CERTAIN FOREIGN PURCNASES (MAT 1992) (a) Mess advance written approval of the Contracting Officer is obtained, the Contractor &hall rot acquire for use in the performance of this contract— (1) Any.supplies or services originating from sources within the casmnist areas of North Cora, Vietnan, Cadwdis, or Cubs; (2) Any supplies that are or were located in or transported free or through North Cora, Vietnam, Cmbodia, or Cuba; or (3) Arm, mosnition, or military vehicles produced in South Africa, or manufacturing data for much articles. (b) The Contractor shall not acquire for ume in the performance of this contract supplies or services originating from sources within Iraq, any supplies that are or were located in or transported fro■ or through Iraq, or arty supplies or services from entities controlled by the Goverment of Iraq. CO. The Contractor agrees to insert the provisions of this clause, including this paragraph Cc), in all subcontracts-hereuder. (End of clause) 1.52 S2.225-0013 RESERVED I.53 52.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 1991) subject to the restrictions in section 225.M of the Defense FAR Supplement, the Contractor shall not preclude qualifying country sources and U.S. sources from competing for subcontracts under this contract. (End of clause) I.54. 52.225-7003 INFORMATION FOR DUTY-FREE ENTRY EVALUATION (AUG 1992) (a) Is the offer based on furnishing wrf supplies (i.e., and items, components, or material) of foreign origin other than those for which duty-free entry is to be accorded pursuant to the Duty-Free Entry--Gualifying Country End Products and Supplies clause of this solicitation? Yes ( ) No ( ) (b) If the answer in paragraph (a) is yes, answer the following questions: (1) Are such foreign supplies now in the United States? Yes C ) No C ) (2) Nas the duty on such foreign supplies been paid? Yes ( ) No ( ) I-sa (3) If the answer to paragraph (b)C2) is no, whet amount is included in the offer to cover such duty? S (c) If the duty has not been paid, the Government nary elect to make ward on a duty-free basis. If so, the of fared price will be raduead in the contract award by the anoint specified in paragraph (b)(3). The Offeror agrees to identify, at the request of the Contracting Officer, the foreign supplias which are subject to duty-free entry. (d) Offers will be evaluated an a duty included basis except to the extent that-- (1) The supplies are qualifying country and products as defined in the Buy American Act and Balance of Payments Program clause of this solicitation; or C2) The duty-free price is specified for use in the evaluation procedure. (End of provision) I.55 52.227-0001 AUTHORIZATION AND CONSENT (APR 1984) (a) The Government authorizes and consents to sit use and manufacture, in performing this contract or any subcontract at any tier, 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) Load in machinery, tools, or methods whose use necessarily results from compliance by the Contractor or a subcontractor with (i) specifications or written provisions forming a part of this contract or (if) specific written instructions given by the Contracting Officer directing the ammer 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 Ord 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 testing services expected to exceed $25,000); however, omission of this clause from any subcontract, under or over S25,000, does not effect this authorization and consent. (End of clause) (R 7-103.22 1961 dAN) r 1-59 1.56 52.227-0002 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (APR 1986) (a) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copy- right 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 an account of arty alleged patent or copyright infringement arising out of the perfor- mance of this contract or out of the Lae of any supplies furnished or work or services performed under this contract, the Contractor shall furnish to the Goverrowit, 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 shell be furnished at the expense of the Government except where the Contractor has agreed to indemnify the Government. (e) 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 dollar amount set forth in 13.000 of the Federal Acquisition Regulation (FAR). (End of clause) (R 7-103.23 1965 JAM) 1.57 52.227-0004 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (APR 1986) 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 potent (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 19" SUN) I.58 52.227-7003 TERMINATION (AUG 1984) Notwithstanding any other provision of this contract, the Government shall have the right to terminate the within license, in whole or in pert, by giving the Contractor not less then thirty (30) days notice in writing of the date such termination is to be effective; provided, however, that such termination shall not affect the obligation of the Goverrment to pay royalties which have accrued prior to the effective date of such termination. (End of clause) 1-60 I.59 52.228-0001 BID GUJUAIiTEE (APR 1984) (a) Failure to furnish a bid guarantee in the prope amount,form and munt, by the time sat for opening of bids, ay be cause for rejection of the bid. (b) The offeror (bidder) shall furnish a bid guarantee in the form of a fir, cOmeitment, such a a bid bond, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United states. The Contracting Officer rill return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted. (c) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or'give a bonds) as required by the solicitation within the time specified, the Contracting Officer my terminate the contract for default. (d) Unless otherwise specified in the bid, the bidder will (1) allow 60 days for acceptance of its bid and (2) give bond within 10 days after receipt of the forms by the bidder. (e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the smocnt of its bid, sad the bid guarantee is available to offset the difference. (End of clause) (R 1-10.103-3) (R 7-2003.25 19" aw) 1.60 52.228-0002 ADDITIONAL BOND SECURITY (APR 1984) 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 furnished with this contract becomes unacceptable to the Government; (b) Any surety fails to furnish reports an its financial condition as required by the Government; or (c) The contract price is increased so that the penal am of any bond becomes inadequate in the opinion of the Contracting Officer. (End of clause) (R 1-7.103-2) (R 1-7.602-17) (R 7-103.9 1949 juL) (R 7-602.17 1976 OCT) 1-61 1.61 52.228-0005 IMSURAMCE--UM OM A MERMMEMT INSTALLATION (SEP 1989) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum saronnts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any■sterial change adversely affecting the Government*a interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Goverment installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of atl subcontractors, proofs'.of required insurance, and shall tamke copies available to the Contracting Officer upon request. (End of clause) I.62 52.228-0011 PLEDGES OF ASSETS (FEB 1990) (a) Offerors shall obtain from each person acting as on individual surety on a bid guarantee, a performance bond, or a payment bond-- (1) Pledge of assets; and (2) Standard Form 25, Affidavit of Individual Surety. (b) Pledges of assets from each person acting as on individual surety shall be in the form of-- (1) Evidence of an escrow account containing cash, certificates of deposit, cammercial or Government securities, or other assets described in FAR 28.203-2 (except ace 28.203-2(b)(2) with respect to Gove t securities held in book entry form) and/or; (2) A,recorded lien an real estate. The offeror will be required to provide-- . (i) Evidence of title in the form of a certificete of title prepared f by a title insurance caagany approved by the United States Department , of Justice. This title evidence must show fee simple title vested in the surety along with any concurrent owners; whether any real estate taxes are due and payable; and any recorded encumbrances against the property, including the lion filed in favor of the Goverment as required by FAR 28.203-3(d); (if) Evidence of the amount due under arty encumbrance shown in the evidence of title; I-62 (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 professianal.appraiser mho 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 pramulpaged by the Appraisal Foundation. (End of clause) 1.63 52.229-0003 FEDERAL, STATE, AND LOCAL TOMS (JAM 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 local taxes and duties,■ as used in this clause, means all taxes mid duties, in effect an 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 rem or incressed Federel excise tax or duty, or tax that was exempted or excluded an the contract date but whose exemption was later revoked or reduced during the contract period, an 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 an 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 Contractorls fault, negligence, or failure to follow I-63 instructions of the Contracting Officer. (f) No adjustment shall be made in the contract price under this clause unless the amount of the adjustuaant exceeds 5250. (g) The Contractor shall promptly notify the Contracting Officer of all natters relating to any Federal excise tax or duty that reasonably my be 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 goverment 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) I.64 52.231-7000 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), sllowability 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) 1.65 52.232-0005 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 Goverment shall sake progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, an 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 buffs for determining progress payments, in such detail as requested by the Contracting Officer. In the preparation of estimates the Contracting Officer may authorize saterial delivered an the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other then the site may also be taken into consideration if-- CI) Consideration rig specifically authorized by this contract; and (2) The Contractor furnishes satisfactory evidence that it has acquired title to such mterial and that the material will be used to perform this contract. (c) Along with each request for progress payments, the contractor shall furnish the following certification, or payment shall not be made: 1 hereby certify, to the best of my knowledge and belief, that-- CI) The amounts requested are only for performance in accordance with I-64 the specifications, terns, and conditions of the contract; (2) Pay■ants 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 requirsents of chapter 39 of Title 31, United States Code; and (3) This request for progress payments does not include any amounts which the prise contractor intends to withhold or retain from a subcontractor or supplier in accordance with the term and condition of the subcontract. (Naar) (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 condition of this contract (hereinafter referred to as the sunearned smornt■), the Contractor shall-- Cl) Notify the Contracting Officer of such performance deficiency; and (2) Be obligated to pay the Government an smount (computed by the Contracting Officer in the manner provided in 31 U.S.0 3903(c)(1)) equal to interest on the uneerned 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 psyments by an amount equal to the unearned amount. Co) 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 shade in full. Nowever, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until 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 fads. Also, an completion and acceptance of each separate building, public work, or other division of the contract, for Which the price is stated separstely in the contract, payment 1-65 shall be made for the completed work without retention of a percentage. (f) All materisl and work covered by progress payments made shall, at the time of psyment, become the sole property of the Government, but this shall rot be construed as-- (1) Relieving the Contractor from the sole responsibility for all materisl and work upon which payments have been made or the restoration of any damaged work; or (2) Yaiving the right of the Governma nt to require the fulfillment of all of the tens 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 (inmctuding coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (a) of this clause shall not apply to that portion of progress payments attributable to bond premiums. (h) The Government shall pay the smount 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 .eontract, other then claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release my 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 accomptishad on udefinitized contract actions. A ■contract actionr 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 terns of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. (End of clause) 1.66 52.232-0017 INTEREST (JAN 1991) (a) Notwithstanding any other clause of this contract, all amounts, except amounts that are repayable and which bear interest under a Price Reduction for Defective Cost of Pricing onto clause, that become payable by • the Contractor to the Government under this contract (net of any appticable tax credit under the Internet Revenue Code (26 U.S.C. 1481)) shall bear simple interest from the date due until paid unless paid within 30 days of 1-66 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 IM (Public Low 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 aunt is paid. (b) Amounts shall be due at the serliest of the following dates: (1) The date fixed under this contract. (2) The dote of the first written demand for payment concistant with this contract, including any dammed resulting from a default termination: (3) The date the Goverment transmits to the Contractor a proposed supplemental agreement to confirm completed negotistions 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 amde under this clause may be reduced under the procedures prescribed in 32.614-2 of the Federal Acquisition Regulation in effect orr the date of this contract. (End of clause) I.67 52.232-0023 ASSIGNMENT OF CLAIMS (JAM.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 became due as a result of the performance of this contract to a bank, trust comparry, or other financing 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 finsncing institution described in the preceding sentence. (b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid smo:nts payable under this contract, and shall not be made to more then one party, except that an assignment or reassignment my 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) 1-67 I.68 52.232-0027 PRQPT PATIENT FOR CONSTRUCTION CONTRACTS (APR 1"9) Notwithstanding any other payment Was in this contract, the government will make invoice payments and contract financing payments under the term and conditions specified in this clause. Payment shall be considered as being made an the day a check is dated or an electronic funds transfer is is ends. Definitions of pertinent terms are set forth in 32.902. All days referred to in this clause are colander drys, unless otherwise spoeffIad. The term •foreign vertiior■ means an incorporated concern not incorporated In the-United States or an unincorporated concern having its prineipsl place of business outside the United States. (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 an Contracting Offfear 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 =king 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 16th day after the date the Contractorfs 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. (R) The due date for payment of any amounts retained by the Contracting Officer in accordence with the clause at 52.232-5. 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. (if) 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 separately in the contract): (A) The due date for making such payments shell 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. Nowever, if the designated.billing office fails to annotate the invoice with the date of actual receipt, the Invoice payment due date 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 I-68 Contractor compliance with contract requirements. (8) an a final invoice Where the payment amount is subject to contract settlement actions (e.g., release of claims), acceptance @hall be I to have cow red on the effective dote of the contract settlement. (2) An invoice is the Contractorfs 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 ant include the its listed in subdivision COMM 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 COW of this clause: (i) Now and address of the Contractor. (11) Invoice date. (iii) Contract raaaber or other authorization for work or services performed (including order -I r and contract line item number). (iv) Description of work or services performed.. (v) Delivery and payment tens (e.g., prompt payment discount terms). (vi) Name and address of Contractor official to whoa payment is to be sent (aunt be the same as that in the contract or in a proper notice of assignment). (vii) Name (where practicable), title, phone number, and selling address of person to be notified in event of a defective invoice. CAM For payments described in subdivision COMM 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 wide by the due date and the condition listed in subdivisions (a)(3)(i) through (a)(3 010 of this clause are met, if applicable. An interest penalty, shall not be paid on contracts marded to foreign vendors outside the United States for work performed outside the United States. (i) A proper invoice was received by the designated billing office. (ii) A receiving report or other Goverment 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 1-69 to further contract settlement action between the Goverment 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 IM (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 Rove—metal authority. This rate is referred to as the aRenegotiation Board Interest Rate,* and it is published in the Federal Register smiar*snlly an or about January 1 and July 1. The interest penalty shall accrue daily an the invoice payment amount approved by the Government and be compounded in 30-day increments inclusive from the firat day after the due date through the_psyment date. That is, interest accrued at the and of sny 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 (e)(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. (1) 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 term 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 function, or make payment prior to fulfilling their responsibilities. (if) 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. (1) The period between the defects notice and resubmission of the corrected invoice by the Contractor. I-70 (iii) Interest penalties rill not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1. Disputes, or for more then 1 year. Interest penalties of less than :1.00 need not be paid. (iv) Interest penalties are not required an payment delays due to disagreement between the 6wensisnt and Contractor over the payment amount or other issues involving contract compliance, or an amounts temporarily withheld or retained in accordance with the tens of the contract. Claims involving disputes, and any interest that my 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 an the amount of discount taken for the period beginning with the first day after the and of the discount period through the date when the Contractor is paid. (6) If this contract was awarded an or after October 1, 1989, a penalty amount, calculated in accordance with regulations issued by the Office of Management and Budget, shall be paid in addition to the interest penalty amount if the Contractor-- (1) Is owed an interest penalty; (ti) 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 smount is paid, that the agency pay such a penalty. (b) Contract Financing Payments. Cl) 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 provides 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 mmde an the 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 date specified. For advance payments, loans, or other arrangements that do not involve recurrent submissions of contract I-71 finencing requests, payment shall be made in accordance with the corresponding contract terms or as directod by the Contracting Officer. Contract finencing payments shall rot be assessed an interest penalty for payment delays. CO The Contractor shall include in each subcontract for property or services (including a material supplier) for the purpose of performing this contract the folluraring: (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 Harder this contract. (2) An interest penalty clause which obligates the Contractor to pay to the subcontractor an interest penalty for each payment not Mode in accordance with the payment clause-- (I) For the period beginning on the day after the required payment date and ending an the date an which'psyment of the amount due is mode; and (it) 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 IM (it 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 subperegraphs (c)(1) and (e)(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 CO 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— CI) Permit the Contractor or a subcontractor to retain (without cause) a specified percentage of each progress psyment 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 does appropriate to the ability of a subcontractor to furnish a performance bard and a Payment bond; (2) Permit the Contractor or subcontractor to make a determination that part or all of the subcontractoNs 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-- 1-72 (1) A notice conforming to the standards of paragraph (p) 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)(1) of this clause has bean furnished to the Contracting Officer. (e) If a Contractor, after making a request for payment to the Goverment 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 occordence 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 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 smrouunt 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-- (1) 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 MOW)) of this clause; or (B) Seven days after the Contractor recovers such fads 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 1-73 (6) Be obtipated to pay to the Gover Mgt an amount squat to interest on the withheld psymonts (computed in the marner provided in 31 U.L.C. 3903(c)(1)), from the 8th day after receipt of the withheld amounts from the Government until-- (1) The day the identified subcontractor performance deficiency is corrected; or (if) The date that any subsequent payment is reduced under subdivision (e)(5)(i) of this clause. (f M If a Contractor, after asking payment to a first-tier subcontractor, receives from a supplier or subcontractor of the first-tier subcontractor (hereafter referred to as a ■seco d-tier subcontractor■) a written notice in accordance with section 2 of the Act of August 24, 1935 (40 U.S.C. 270b, Miter Act), asserting a deficiency in such first-tier subcontractoris performance under the contract for which the Contractor my be ultimetely liable, and the Contractor determines that at[ or a portion of future pmyments 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 eider subparagraph (e)(6) of this clause-- (1) Furnish to the first-tier subcontractor a notice conforming to the standards of paragraph (9) of this Clause as soon as practicable upon asking such dateraination; sad (if) Vithhold from the first-tier subcontractorfs next available progress payment or payments an amount riot to exceed the amount specified in the notice of withholding furnished under subdivision (f)(1)(i) of this clauee. (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 shalt pay the amount withheld under subdivision (f)(1)(ii) of this elsuse to such first-tier subcontractor, or shell incur an obligation to pay a late payment interest penalty to such first-tier subcontractor caoputed at the rate of interest established by the Secretary of the Treasury, and published in the Federat 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. (9) A written notice of any Wthholding 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 term of the subcontract; ed (3) The remedial actions to be taken by the subcontractor in order to receive payment of the amounts withheld. I-74 (h) The Contractor nary not request payment from the 6overnssni of arty 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 Mount. (I) A dispute between the Contractor and subcontractor relating to the amount or entitlement of a subcontractor to a payment or a tote psy■ent 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 invotving such a dispute. (j) Except as provided in paragraph (1) of this clause, this clause shall not limit or impair any contractual, administrative, or judicial rowdies otherwise available to the Contractor or a subcontractor in the event of a dispute involving late payment or norpsyment by the Contractor or deficient subcontract performance or mx rformence by a subcontractor. (k) The Contractor's obligation to pay an interest penalty to a subcontractor pursuant to the cLwaes 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) I.69 52.233-0001 DISPUTES (DEC 1991) (a) This contract is subject to the Contract Disputes Act of 1978, as emended (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 term, 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. 8owever, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified as required by subparagraph (d)(2) below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is rot a clefs 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 submitted to the Contracting Officer for a written decision. A claim by the I-75 Goverment against the Contractor shall be subject to a written decision by the Contracting Officer. (2) For Contractor claims exceeding SSO,030. the Contractor shall suhmit'with the claim a certification that-- Ci) The claim is weds in good faith; CIO supportive date are aeeurste and complete to the best of the Contractorls knowledge and belief; and C M) The amount requested accurately reflects the contract adjustment for which the Contractor believes the Goverment is liable. C3)C0 If the Contractor is an individual, the certification shall be executed by that individual. (it) If the Contractor is not an individual, the certification shall be executed by-- CA) A senior company official in charge at the contractor8a plant or location involved; or CB) An officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs. (e) For Contractor claims of $50,000 or less, the Contracting Officer sect, if requested in writing by the Contractor, warder a decision within 60 days of the request. For Contractor-certified claims over s5o,000, the Contracting Officer nut, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be lade. (f) The Contracting Officer0s decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) At the tine a claim by the Contractor is submitted to the Contracting Officer or a claim by the Goverment is presented to the Contractor, the parties, by mutual consent, may agree to use alternative wars of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certification described in paragraph (d)(2) of this clause, and executed in accordance with peragreph Cd)C3) of this clause. (h) The Governsaent shall pay interest an the asount found due and unpaid from C1) the date the Contracting Officer receives the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. 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. Ci) The Contractor shell proceed diligently with perforsionce 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. 1-76 (End of clause) I.70 52.233-0003 PROTEST AFTER AWARD (AUG 1989) (a) Upon receipt of a notice of protest (as defined in 33.101 of the FAR) 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 shalt immediately comply with its terms and take all reasonable steps to minimise the incurrence of costs allocable to the work covered by the order during the period of work stoppsge. Upon receipt of the final decision in the protest, the Contracting Officer shall either-- (1) Cancel the stop-work order; 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.resutts in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of awry part of this contract; and (2) The Contractor asserts its right to an adjustment within 30 days after the and of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer my receive and act upon a prapossl 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 Governmentis rights to terminate this contract at any time are not affected by action taken under this clause. (End of clause) 1.71 52.233-7000 CERTIFICATION OF CLAIMS AND REQUESTS FOR ADJUSTMENT OR RELIEF (DEC 1991) (e) Any contract claim, request for equitable adjustment to contract terms, request for relief under Pub. L. 115-SX, or other similar request I-n exceeding 5100,000 shall bear, at the time of submission, the following certificate given by a senior company official in charge at the plant or location involved: I certify that the claim is auk in good faith, that the supporting dots are accurate and complete to the but of my knowledge and belief; and that the amount requested accurately reflects the contract adjustmont for which the Contractor believes the Governmmmht is liable. (Official's Name) (Title) (b) The certification in paragraph (a) of this clause requires full disclosure of all relevant facts, including cost and pricing data. (c) The certification requirement in paragraph (a) of this clause does not apply to: (1) Requests for routine contract payments; for example, those for payment for accepted supplies and services, routine vouchers under cost-reimbursement type contracts, and progress payment invoiees; or (2) Final adjustments under incentive provisions of contracts. (d) In those situations where no claim certification for the purposes of 10 U.S.C. 2410 has been submitted prior to the inception of a contract dispute, a single certification, using the language prescribed by the Contract Disputes Act but signed by a senior ccgwW official in charge at the plant or location involved, will satisfy the certification requirements of both statutes. (e) If this is a request for equitable adjustment under a substantially completed contract or a completed contract, the certification will be expanded to include the following: This claim includes only costs for performing the slleged change, and does not include any coots which have already been reimbursed or which have been separately claimed. All indirect costs claimed are properly allocable to the alleged change in accordance with applicable acquisition regulations. I am aware that the submission of a false claim to the Government can result in the assessment of significant.criminal and civil penalties and fines. (End of clause) I.72 52.236-0001 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) The Contractor shall perform on the site, card with its own organization, work equivalent to at least percent of the total amount of work to be performed under the contract. This percentage my be reduced by a I-78 supplsmsntal agreement to this ca. raet if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. (End of clause) (R 7-603.15 1965 JAN) (R 1-18.104) I.73 52.236-0002 DIFFERING SITE CONDITIONS (APR 1964) (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 irnestigate 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 charged as a result of the conditions, an equitable adjustment shall be am& under this clause and the contract modified in writing accordingly. (c) No roqusst by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice my be axteo by the Contracting Officer. (d) No request by the Contractor for an equitable adjustment to the contract for differing site condition shall be allowed if made after fine( payment under this contract. (End of clause) (R 7-602.4 1968 FEB) (R 1-7.602-4) 1.74 52.236-0003 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WRK (APR 1984) (a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the neture.and location of the work, and that it has investigated and satisfied itself as to the general and local condition 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 condition at the site; (4) the conformation and condition of the ground; and (5) the character of I-79 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 quentIty of surface and subsurface materials or obstacles to be wvxz Mewed insofar as this Information is reasonably ascertainable from an impaction of the site, including all exploratory work done by the Goverment, 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 peragraph will rot 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 erode by the Contractor based on the information made available by the Goverment. Nor does the Government assume responsibility for any understanding readied 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. (End of clause) (R 7-602.14 19" JIM) (R 1-7.602-14) (R 7-602.33 1965 JAM) I.75 52.236-0005 MATERIAL AND WORKKUsMIP (APR 19") (a) All equipment, notarial, 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 rot be construed as limiting competition. The Contractor my, at its option, use any sWipmnt, material, article, or process that, in the judomwot 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 rxamber, end 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 ortieles which the Contractor contemplates incorporating into the work. When I-a0 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 p Id. 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 workmenlike mener. The Contracting officer my rsquire, in writing, that the Contractor ramm from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable. (End of clause) (R 7-602.9 19" Jul) 1.76 52.236-0006 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984) At sit times during perforamnce of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have an the work site a competent superintendent who is . satisfactory to the Contracting Officer and has authority to act for the Contractor. (End of clause) (R 7-602.12 197a OCT) (R 1-7.602-12) I.77 52.236-0007 PERMITS AND RESPONSIBILITIES CUM 1991) The Contractor shall, without additions) 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 performance of the work. The Contractor shell 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 sit materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which my have been accepted under the contract. (End of clause) I.78 52.236-0008 OTHER CONTRACTS (APR 1984) The Government my undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor Malt fully cooperate with the other contractors and with Government amployees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additions) work, heeding any direction that my 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. I-a1 (End of clause) (R 7-602.15 196E JW) (R 1-7.602.15) 1.79 52.236-0009 PROTECTION OF EXISTING VEGETATION, STRIJCT RES, EWIPIENT, LRILITIES, AND IIPROW ENE NTS (APR 1954) (a) The Contractor shell preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and Dross) an or adjacent to the work site, which are not to be rsmDv and which do not unreasonably interfere with the work required under this contract. The Contractor 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 coapocid as directed by the Contracting Officer. (b) The Contractor shall protect from damage all existing improvements end 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 Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor. (End of clause) (R 7-602.34 1%5 JAM) (7-2101.13 1976 OCT) I.80 52.236-0010 OPERATIONS AND STORAGE AREAS (APR 1984) (a) The Contractor shall confine all operations (including storage of materials) an 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 road not be I-82 removed. (c) The Contractor shall, under regulations prescribed by the Contracting Officer, use only established ro drays,.or use tiuporary roadways constructed by the Contractor when and as authorized by the Contracting Officer. Wan arterials are tranoWted in prosecuting the work, vehicles shall rot be loaded beyond the loading capacity recaa■aded by the manufacturer of the vehicle or prescribed by any federal, State, or local Low or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect than fray dump. The Contractor shall repair or pay for the repair of any dowaged curbs, sidewalks, or roads. (End of clause) (R 7-602.35 1%5 JAN) I.81 52.236-0011 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984) (a) The Goverment shall have the right to take possession of or use any coapleted 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 iteas of work rearining to be perforsed or . corrected on.those portions of the work that the Government intends to take possession of or use. Nowever, failure of the Contracting Officer to list any it= of work shalt not relieve the Contractor of responsibility for complying with the terns of the contract. The Governmentfs possession or use shall not be deemed an acceptance of any work under the contract. (b) Wile 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 fray the Governaent's possession or use, notwithstanding the terms of the clause in this contract entitled •Pemits and Responsibilities.■ If prior possession or Sae by the Government delays the progress of the work or causes additional wgxnse to the Contractor, an equitable adjustaent shall be made in the contract price or the time of eoapletion, and the contract shall be codified in writing accordingly. (End of clause) (R 7-602.39 1976 OCT) (1-7.602.31) I.82 52.236-0012 CLEANING UP (APR 1984) The Contractor shall at all tines keep the work area, including storage areas, free from accumulations of waste arterials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and arterials 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. I-83 (End of clause) (R 7-602.40 1965 JAN) (R 7-2101.21 1976 OCT) I.83 52.236-0013 ACCIDENT PREVENTION (w0V 1991) (a) The Contractor shalt provide and maintain work environments and procedures which will 0) safeguard the public and Government personnel, property, meteriats, 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)'Compty 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. (e) If this contract is for construction or dismantling, demolition or removal of Improvements with any Department of Defense agency or component, the Contractor shall empty with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EN 385-1-1, in effect an the date of the solicitation. (d) 6%enever 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 shell 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 deeaad 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 work order issued under this clause. (e) The Contractor shalt insert this clause, including this paregraph (e), with appropriate changes in the designation of the parties, in subcontracts. (End of clause) I•a4 I.84 52.236-0015 SCKEDULES FOR CONSTRUCTION CONTRACTS (APR 1964) (a) The Contractor shall, within five days after the work commences on the contract or another pariod.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 dotes an 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 «ale to indieate 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 shell enter the actual progress an the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the armnotated 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 rsmnber of shifts, overtime operations, days of work, ardor 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 erwwre completion within the time specified in the contract. Upon making this determination, the Contracting Officer my termirote the Contractor's right to proceed with the work, or any separable' port of it, in accordance with the default terms of this contract. (End of clause) (R 7-603.48 1%5 JAM) I.85 52.236-0017 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 correction 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 pert 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 1-85 authorized to remove them. if such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting Officer my replace them and deduct the expanse of the replacement from any amounts due or to become due to the.Contractor. CErd of clause) (R 7-604.3 INS JM) 1.86 52.236-0021 SPECIFICATIONS AID DRAWINGS FOR CONSTRUCTION (APR 19") (a) The Contractor @hall keep on the work site a Copy of the drawings and specification and shalt at all times give the Contracting Officer access thereto. Anything mentioned in the specification and rot shown on the drawings, or sham on the drawings and rot mentioned in the specifications, shell be of like effect as if shown or mentioned in both. In case of difference between drawings and specification, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specification, 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 specification or upon the drawings the words ■directed', ■required■, ■ordered", @designated■, ■prescribed', or words of Like import are used, it shall be understood that the edirection■, •requirement•, "order■, vdesignation", or sprescriptionr, of the Contracting Officer is intended and similarly the words ■approved■, ■acceptable", aastisfactoryw, or words of like import shalt mean ■approved byN, or ■acceptable tax, or ■satisfactory tow the Contracting officer, unless otherwise expressly stated. (c) where On shown,■ ■n indicated■, On 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 mean drawings, submitted to the Goverrmmxi by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and asseobly of structural elements, and (2) the installation (i.e., fit, and attachment details) of materials or equipoent. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustration, schedules, performance and test data, and similar motorists furnished by the contractor to explain in detail specific portion of the work required by the contract. The Goverment my duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract. 1-iib I ` (e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, cosplaterms, 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 my 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 6wernm ntis reasons therefor. Arty work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall rot relieve the Contractor from responsibility for arty errors or.omissions in such drawings, nor from responsibility for dying with the requirements of this contract, except with respect to variations described and approved in accordance with Cf) 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 on appropriate contract modification, except that, if the variation is minor or does not involve a charge in price or in time of performance, a modification need not be issued. Cg) 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. Ch) This clause shell be included in all subcontracts at any tier. (End of clause) C7-602.2 JUME 19" and 1-7.602-2) (7-602.41 J M 1965) (7-602.47 APR 1966) C7-602.56 OCT 1976 and 1-7.602-36) I.87 52.236-7000 MODIFICATION PROPOSALS--PRICE BREAIDMM (DEC 1991) (a) The Contra tor shall furnish a price breakdown, itemized as required and within the time specified by the Contracting Officer, with any proposal for a contract modification. (b) The price breakdown-- Cl) Must include sufficient detail to permit on analysis of profit, and of all costs for-- (I) Materisl; (if) Labor; CM) Equipment; Civ) Subcontracts; and 1-87 r (v) Overhead; and (2) Must cower all work imolvad in the nodifIcotion, whether the work was deleted, added, or changed. (a) The Contractor shall provide similar price breakdowns to support any amounts claimed for stbcontraets. (d) The Contractor's proposal shall irnelude a justification for any time extension proposed. (End of clause) I.W 52.236-oMl CONTRACT DRAWINGS, MVPs, AND SPECIFICATIGMS (DEC 1991) (a) The Government-- (1) Will provide the Contractor, without charge, sets (five unless otherwise specified) of large-sale contract drawings and specifications except publications incorporated into the technical provisions by reference; (2) Will furnish additional sets on request, for the cost of reproduction; and (3) May, at its option, furnish the Contractor one set of reproducibles, or,half-size drwings, in lieu of the drawings in paragraph (a)(1) of this clause. (b) The Contractor ahall-- (1) Check all drawings furnished iaasdiately upon receipt; (2) Caapare all drawings and verify the figures before Laying out the work; (3) Proaptly notify the Contracting officer of any discrepancies; and (6) Be responsible for any errors Weigh might have been avoided by complying with this paragraph (b). (c) Large sale drawings shall, in general, govern small scale drawings. Figures marked on drawings shall, in general, be followed in preference to scale measurements. (d) Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such emitted or ■isdescribed details of the work, but shall be performed as if fully and correctly set forth and described in the drawings and specifications. (a) The work shell conform to the specifications and the contract drawings identified on the following index of drawings: Title File and Drawing No. (End of clause) I-ss I.89 52.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILI2itTIOM (DEC 1991) (a) The coverrrmm►t will pay ell costs for the mobilization end demobilization of all of the Contractor's plant and equipment at the contract jump an price for this item. (1) percent of the lump an price upon completion of the Contractor's mobilization at the work site. (2) The remaining ..—_pest upon completion of demobilization. (b) The Contracting officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting officer believes that the percentages in paragraphs (e)(1) end (2) of this clause do not beer a reasonable relation to the cost of the work in this contract. (1) Failure to justify such price to the satisfaction of the Contracting officer will result in payment, as determined by the Contracting officer, of-- (i) Actual mobilization costs at completion of mobilization; (ii) Actual demobilization costs at completion of demobilization; and (iii) The remainder of this item in the final payment under this contract. (2) The Contracting officerls determination of the actual costs in paragraph (b)(1)of this ctone•is not subject to appeal. (End of clause) I.90 52.236-7005 AIRFIELD SAFETY PRECAUTIONS (DEC 1"I) (a) Definition. As used in this clause— Cl) •Larding areas• maar-- (i) The primary surfaces, comprising the surface of the runway, runway shoulders, end lateral safety zones. The length of each primary surface is the same as the runway length. The width of each primary surface is 2,D00 feet (1,000 feet on mach side of the runway centerline); (ii) The clear zone beyond the ends of each runway, i.e., the extension of the primary surface for a distance of 1,000 feet beyond each mad of each runway; (III) All taxiways, plus the lateral clearance zones along each side for the length of the taxiways (the outer edge of each lateral clearance zone is laterally 250 feet from the for or opposite edge of the taxiway, e.g., a 75-foot-ride taxiway would have a combined width of taxiway and lateral clearance zones of 425 feet); and (iv) All aircraft perking aprons, plus the area 125 feet in width extending beyond each edge all around the aprons. (2) 'Safety precaution areas• mews those portions of approach-departure clearance zones end transitions) zones were plecament of objects incident to contract performance might result in vertical projections at or above the spprosch-departure'clearance, or the trarsitional surface. I-S9 (.i) The approach-departure clearance surface is an extension of the primary surface and the clear zone at each and of each runway, for a distance of 50,000 feet, first along an inclined (glide angle) and then along a horizontal plane, both flaring spaetricatty about the runway eantertine extended. (A) The inclined plane (glide angle) begins in the clear zone 200 feet past the and of the runway (and primary surface) at the same elevation as the and of the noway. It continues upward at a slope of 50:1 0 foot vertically for sack 50 feet horizontally) to an elevation of S00 feet abovs the established airfield elevation. At that point the plane becc■es horizontal, continuing at that some uniform elevation to a point 50,000 feet longitudirelly from the beginning of the inclined plane (glide angle) and ending there. (8) The width of the surface at the beginning of the inclined plane (glide angle) is the same as the width of the clear zee. It then flares uniformly, reaching the mxf" width of 16,000 feet at the end. (if) The approach-departure clearance zone is the ground area under the approach-departure clearance surface. (tit) The transitional surface is a sideways extension of all primary surfaces, clear zones, and approach-departure clearance surfaces along inclined planes. (A) The inclined plane in each ease begins at the edge of the surface. (8) The slope of the incline plane is 7:1 (1 foot vertically for each 7 feet horizontally). It continues to the point of intersection with the-- (1) Inner horizontal surface (which is the horizontal plane 150 feet above the established airfield elevation); or (2) Outer horizontal surface (Which is the horizontal plane 500 feet above the established airfield elevation), Whichever is applicable. (t'v) The stransitionaL zone• is the ground area under.the transitional surface. (It adjoins the primary surface, clear zone, and approach-departure clearance zone.) (b) General. (1) The Contractor shall comply with the requirements of this clause white-- (I) Operating all ground aquipmaant (mobile or stationary); (11) Placing all materials; and ' (iii) Performing all work, upon and around all airfields. (2) The raquirements of this clause are in addition to any other safety requirements of this contract. (c) The Contractor shall-- (1) Report to the Contracting Off Icar before initisting any work; I-90 f (2) Notify the Contracting officer of proposed changes to locations and operation; A (3) Not permit either its equipment or personnel to use any rurmy for purposes other than aircraft operation without permission of the Contracting Officer, unless the ntaanay is-- (i) Closed by order of the Contracting officer; and (ii) Marked as provided in paragraph (d)(2) of this clause; (6) Keep all paved surfaces, such as runways, taxiways, and hardstands, clean at all times and, specifically, free from small stones which might damage aircraft propellers or jet aircraft; (5) operate mobile squipment according to the safety provisions of this clause, while actually performing work an the airfield. At all other times, the Contractor shall remove sll mobile equipment to locations-- (1) Approved by the Contracting officer; (11) At a distance of at least 750 feet from the ruranay canterline, plus any additional distance; and (fit) Necessary to ensure compliance with the other provisions of this clause; and (6) Not open a trench unless material is on hard and ready for placing in the trench. As soon as practicable after material has been placed and work approved, the Contractor shall backfill and compact trenches as required by the contract. . Meanwhile, sll hazardous conditions shall be marked and lighted in accordance with the other provisions of this clause. (d) Larding areas. The Contractor shall-- (1) Place nothing upon the landing areas without the authorization of the Contracting Officer; (2) outline those larding crass hazardous to aircraft, using (unless otherwise authorized by the Contracting Officer) red flags by day, and electric, battery-operated low-intensity red flasher lights by night; (3) obtain, at an airfield where flying is controlled, additions) permission from the control tower operator every time before entering any Lending area, unless the larding area is marked as hazardous in accordance with paragraph (d)(2) of this clause; (4) Identify all vehicles it operates in landing areas by means of a flag on a staff attached to, and flying above, the vehicle. The flag shell be three feet square, and consist of a checkered pattern of international orange and white squares of 1 foot on each side (except that the flag may vary up to ter. percent from each of these dimensions); (5) Mark all other equipment and materials in the larding areas, using the same marking devices as in paragraph (d)(2) of this clause; and (6) Perform work so as to leave test portion of the landing area which is available to aircraft free from hazards, holes, piles of material, and projecting shoulders that might damegs an airplane tire. I-91 (a) Safety precaution arm. The Contractor shall-- (1) Place nothing upon the safety precaution areas without authorisation of the Contracting officer; (2) Mark sit equipment and materials in safety precaution areas, using (unless otherwise authorised by the Contracting officer) red flags by day, and electric, battery-operated, low-intensity red flasher lights by night; nrd (3) Provide all objects placed in safety precaution areas with a red Light or red lantern at night, if the objects project above the spprosch-departure clearance surface or above the transitions) surface. (End of clause) 1.91 52.242-0013 BANKR1PTCY (APR 1991) In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish, by certified mail, written notification of the bankruptcy to the Contracting Office 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 first payment has not been mace. This obligation remains in effect until final payment under this contract. (End of clause) 1.92 52.243-0004 CHUGES (AI)G 1987) (a) The Contracting Officer my, at arty tine, 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 (4) Directing acceleration in the performance of the work. (b) Arry 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 his notice stating (1) the date, circuastanmm:es, and source of the order and (2) that the Contractor regards the order as a change order. (c) Except as provided in this clause, no order, statement, or conch t 1-92 of the Contracting officer shall be treated as a change under this clause or entitle the Contractor to an aquitable adjustment. (d) If any change under this clause causes an increase or decrease in the Contractorls cat of, or the tiam: required for, the performance of any part of the work under this contract, whether or not changed by awry such order, the Contracting Officer ahsll make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any A --q under paragraph (b) of this clause shall be made for any costs incurred mare than 20 days before the Contractor gives written notice as required. in the case of defective specifications for which the Goveinmen is responsible, the equitable adjustmm nt 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 0) 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 smart of the proposal, unless this period is extended by the Government. The statement of proposal for adjustment nay 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) 1.93 52.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) When costs are a factor in any price adjustment under this contract, the contract cat principles and procedures in FAR Part 31 and DFARS Part 231, in effect on the date of this contract, apply. (End of clause) I.94 52.2"-0001 SUBCONTRACTS (FIXED-PRICE CONTRACTS) (APR 1991) (a) This clause does not apply to firm-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 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 S100,000; or (2) Is age 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. 1-93 (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; (S) 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; M The subcontractor's Disclosure Statment or Certificate relating to Cost Accounting Standards when such data are required by other provision of this contract; aid (7) A negotiation asorandue reflecting-- (i) The principal elements of the subcontract price negotiations; (if) The cost significant conaiderstion controlling establishment of initial or revised prices; (iii) The reason cost or pricing dots were or were not required; (iv) The extent, if arty, 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 explanstion of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify 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. Oowewr, the Contracting officer my ratify in writing any such subcontract. Ratification shall constitute the consent of the Contracting Officer. (e) Even if the Contractor's purchasing systea has been approved, the Contractor shall obtain the Contracting Officer's written consent before placing subcontracts that have been selected for special surveillance and so identified in the Schedule of this contract. 1-94 (f) Unless the consent or approval specificalty provides otherwise, naither.consent by the Contracting Officer to any subcontract nor approval of the Contractor's purchasing system shall constitute a detemination (1) of the acceptability of arty subcontract terms or conditions, (2) of the acceptability of arty subcontract price or of wry amousnt paid under any subcontract, or (3) to relieve the Contractor of any responsibility for performing this contract. (9) tlo subcontract ptecad under this contract shall provide for psyssnt on a cast-plus-a-percentage-of-cost basis, and any fee payable under cost-retebura ment subcontracts shalt not exceed the fee limitations in subsection 15.9O30) of the Federal Acquisition Regulation (FAR). (h) The Govenmi reserves the right to review the Contractor's purchasing systm as set forth in FAR Subpart ".3. (End of clause) I.95 52.245-0002 GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS) (DEC 1989) (a) Government-furnished property. (1) The Government shall deliver to the Contractor, for use in connection with and under the tense of this Contract, the Governusent-furnished property described in the Schedule or specifications together with awry related data and information that the Contractor say request and is reasonably required for the intended use of the property (hereiniefter referred to as •Goverment-furnished property). (2) The delivery or performance dates for this contract are based upon the expectation that Government-furnished property suitable for use (except for property furnished was is■) will be delivered to the Contractor at the times stated in the Schedule or, if rot so stated, in sufficient tine to enable the Contractor to sleet the contract's delivery or performance dates. (3) If Government-furnished property is received by the Contractor in a condition not suitable for the intended use, the Contractor shalt, upon receipt of it, notify the Contracting Officer, detailing the facts, and, as directed by the Contracting Officer and at Government expense, either repair, modify, return, or otherwise dispose of the property. After cospteting the directed action and upon written request of the Contractor, the Contracting Officer shall make an equitable adjustment as provided in paragraph (h) of this clause. (4) If Government-furnished property is not delivered to the Contractor by the required time, the Contracting Officer shatt, upon the Contractor's timely written request, make a determination of the delay, if any, caused the Contractor and shalt sake an equitable adjustsent in accordance with paragraph (h) of this clause. (b) Changes in.Goverrment-furnished property. (1) The Contracting Officer say, by written notice, (1) decrease the Goverrment-furnished property provided or to be provided under this contract, or (ii) substitute I-95 other Gov* nimin -furnished property for the property to be provided by the Government, or to be acquired by the Contractor for the Government, under this contract. The Contractor shall promptly take such action as the Contracting Officer ary direct regarding the removal, shipment, or disposal of the property covered by such notice. .(2) Upon the Contractor's written request, the Contracting Officer shall make an equitable adjustment to the contract in accordance with paragraph (h) of this clause, if the Government has agreed in the Schedule to make the property available for performing this contract and there is any-- (i) Decrease or substitution in this property pursuant to subparagraph (b)(1) above; or (if) Withdrawal of authority to use this property, if provided under any other contract or lease. (c) Title in Governmwnt property. (1) The Government shall retain title to all Government-furnished property. (2) ALL Goverment-furnished property and all property acquired by the Contractor, title to which vests in the Government under this paragraph (collectively referred to as •Government property■), are subject to the provisions of this clause. Nowever, special tooling accountable to this contract is subject to the provisions of the Special Tooling clause and is not subject to the provisions of this clause. Title to Government property shall not be effected by its incorporation into or attachment to any property not owned by the Goverment, nor shall Cove rom ent property became a fixture or lose its identity as personal property by being attached to any rest property. (3) Title to each item of facilities and special test equipment acquired by the Contractor for the Goverment under this contract shall peas to and vest in the Goverment when its use in performing this contract commences or when the Government has paid for it, whichever is earlier, whether or not title previously vested in the Goverment. (4) If this contract contains a provision directing the Contractor to purchase material for which the Goverment will reimburse the Contractor as a direct item of cost under this contract— (1) Title to material purchased from a vendor shall pass to and vest in the Goverment upon the vendor's delivery of such material; and (ii) Title to all other material shall pass to and vest in the Goverment upon-- (A) Issuance of the material for use in contract performance; (R) Comeneement of processing of the material or its use in contract performance; or (C) Reimbursement of the cost of the material by the Goverment, whichever occurs first. (d) Use of Goverment property. The Government property shall be used I-9d only for performing this contract, unless otherwise provided in this contract or approved by the Contracting officer. (e) Property administration. (1) The Contractor shall be responsible and accountable for all Goverment property provided under this contract and shalt comply with Federal Acquisition Regulation (FAR) Subpart 45.5, as In effect on the date of this contract. (2) The Contractor shall establish and maintain a program for the use, maintenance, repair, protection, and preservation of Government property in accordance with sound industrial practice and the applicable provisions of Subpart 45.5 of the FAR. (3) If damage occurs to own rmrut property, the risk of which has been assumed by the Goverment under this contract, the Government shall replace the items or the Contractor shall make such repairs as the Goverment directs. However, if the Contractor cannot effect such repairs within the time required, the Contractor shall dispose of the property as directed by the Contracting officer. When any property for which the Government is responsible is replaced or repaired, the Contracting Officer shall crake an equitable adjustment in accordance with paragraph (h) of this clause. (4) The Contractor represents that the contract price does not include soy amount for repairs or replacement for which the Govern wnt is responsible. Repair or replacement of property for which the Contractor is responsible shall be accomplished by the Contractor at its own expense. (f) Access. The Goverment and all its designees shall have access at all reasonable times to the promises in which any Government property is Located for the purpose of inspecting the Goverment property. (g) Risk of loss. Unless otherwise provided in this contract, the Contractor assumes the risk of, and shall be res Me for, any loss or destruction of, or damage to, Goverment property Capon its delivery to the Contractor or upon passage of title to the Goverment under paragraph (c) of this clause. However, the Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this contract. (h) Equitable adjustment. When this clause specifies an equitable adjustment, it shall be mode to any affected contract provision in accordance with the procedures of the Changes clause. When appropriate, the Contracting Officer may initiate an equitable adjustment in favor of the Goverment. The right to on equitable adjustment shall be the Contractors exclusive remedy. The Goverment shalt not be liable to suit for breach of contract for— (1) Any delay in delivery of Government-furnished property; (2) Delivery of Goverment-furnished property in a condition not suitable for its intended use; 1-97 (3) A decrease in or substitution of Government-furnished property, or (4) Failure to repeir or replace Government property for which-the government is responsible. (i) Final accounting and disposition of government property, upon completing this contract, or at such earlier dates as may be fined by the Contracting Officer, the Contractor shall submit, in a form acceptable to the Contracting Officer, inventory schedules covering all items of Goverment property (including any reaultirm scrap) rot consumed in performing this contract or delivered to the Government. The Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of the Goverrseent property as may be directed or authorized by the Contracting Officer. The net proceeds of any such disposal shall be credited to the contract price or shall be paid to the Government as the Contracting Officer directs. (j) Abandonment and restoration of Contractor's promises. Unless otherwise provided herein, the Government— (1) May abandon any Goverment property in place, at which time all obligations of the Government regarding such abandoned property shall cease; and (2) Has no obligation to restore or rehabilitate the Contractor's premises under any circL=tances (e.g., abandonment, disposition upon completion of need, or upon contract completion). However, if the Goverment-furnished property (listed in the Schedule or specifications) is withdrawn or is unsuitable for the intended use, or if other Government property is substituted, then the equitable adjustment under paragraph (h) of this clause may properly include restoration or rehabilitation costs. M Communications. All communications under this clause shall be in writing. (t) Overseas contracts. If this contract is to be performed outside of the United States of America, its territories, or possessions, the words ■GoverYment■ and ■Goverrsant-furnished■ (wherever they appear in this clause) shall be construed as 'United States Goverment• and 'United States Goverrment-furni shed,■ respectively. (End of clause) I.96 52.245-0004 GOVERNMENT-FURNISHED PROPERTY (SHORT FORM) (APR 1984) (a) The Goverment shalt deliver to the Contractor, at the time and locations stated in this contract, the Government-furnished property described in the Schedule or specifications, if that property, suitable for its intended Lae, is not delivered to the Contractor, the Contracting Officer shall equitably adjust affected provisions of this contract in accordance with the Changes clause when-- (1) The Contractor submits a timely written request for an equitable I-98 adjustment; and (2) The facts warrant an equitable adjustment. (b) Title to Government-furnished property shall remmin in the Government. The Contractor shall use the Government-furnished property only in correction with this cantrect. The Contractor shall maintain adequate property control records in accordance with sound industrial practice and will make such records available for Government inspection at all reasonable times, unless the clause at Federal Acquisition Regulation 52.245-1, Property Records, is included in this contract. (c) Upon delivery of Government-furnished property to the Contractor, the Contractor assume the risk and responsibility for its loss or damage, except— (1) For reasonable wear and tear; (2) To the extent property is consumed in performing this contract; or (3) As otherwise provided for by the provisions of this contract. (d) upon completing this contract, the Contractor shall follow the instructions of the Contracting Officer regarding the disposition of all Government-furnished property not consumed in performing this contract or previously delivered to the Government. The Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of the Goverment property, as may be directed or authorized by the Contracting Officer. The net proceeds of any such disposal shall be credited to the contract price or shall be paid to the Government as directed by the Contracting Officer. (a) If this contract is to be performed outside the United States of America, its territories, or possessions, the words ■Government■ and •Government-furnished" (wherever they appear in this clause) shall be construed as 'united States Government• mend 'United States Government-furni shed,■ respectively. (End of close) (R 7-104.24(f) 19" NOV) I.97 52.246-0012 INSPECTION OF CONSTRUCTION (JUL 1986) (a) Definition. OWork• includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components. - (b) The Contractor shall aeintsin 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 wader the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable time before acceptance to ensure strict compliance with the terms of the contract. (c) Government inspections and tests are for the sole benefit of the 1-99 Goverment and do not-- (1) Relieve the Contractor of responsibility for providing adequate quality control measures; (2) Relieve the Contractor of responsibility for damage to or loss of the asaterial before acceptance; (3) Constitute or imply acceptance; or (4) Affect the continuing rights of the Goverment after aecaptance of the completed work under peregraph (i) below. (d) The presence or absence of a Goverment inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to charge any term or condition of the specification without the Contracting Officer's written authorization. (e) The Contractor shall promptly furnish, without additional charge, all facilities, labor, and materisl raasanably needed for performing such safe and convenient irw<pections mid tests as my be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not randy at the tine 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 shell promptly segregate and remove rejected material from the promises. (a) If the Contractor does not promptly replace or correct rejected work, the Goverment my (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 asterisl. If the work is found to be defective or nonconforming in any saterial respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. Bowever, if the work is found to meet contract requirements, the Contracting Officer shall sake an equitable adjustment for the additional services involved in the examination aid reconstruction, includirg,. if completion of the work was thereby delayed, an extension of timm:. (i) unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all I-100 work required by the contract or that portion of the work the Contracting Officer determines can be we ad separately. Acceptance shell be final end conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Goverment's rights under any warranty or guarantee. (End of clause) I.98 52.2"-0021 I YARRANTT OF CONSTRUCTION (APR 1964)--ALTERNATE I (APR 1964) (a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in e*dpaent, 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 finsl acceptance, this warranty shall continue for a period of 1 year from the date the Goverment 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 Goverment-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 dete of repair or replacement. (e) The Contracting Officer shell notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. (f) If the Cant rector 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, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall-- (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. I-101 (h) 1n 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 subeontractor'$, arnufacturer's, or su plieris warranty. (i) Unless a defect is caused by the nagligermce 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 fro■ any defeat in Goverrstent-furnished material or design. (j) This warranty shall not limit the Gov* min Is rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud. (k) Defects in design or manufacture of equipment specified by the Government on a "brand name and model■ basis, shall not be included.in this warranty. In this event, the Contractor shell require any subcontractors, manufacturers, or suppliers thereof to execute their warranties, in writing, directly to the Government. (End of clause) (R 7-604.4 1976 JUL) (AV 7-604.4(b) 1976 AIL) I.99 52.247-0064 PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG CONNERCIAL VESSELS (APR 1984) (a) The Cargo Preference Act of 1954 (" U.S.C. 1241(b)) requires that Federal departments and agencies shall transport in privately ornad U.S.- flag commercial vessels at least SO percent of the gross tonnage of equipment, materials, or commodities that my be transported in ocean vessels (computed separately for dry bulk carriers, dry cargo liners, and tankers). Such transportation shall be accomplished when any equipment, materials, or commodities, located within or outside the United States, that may be transported by ocean vessel are-- 0) Acquired for a U.S. Government agency account; (2) Furnished to, or for the account of, any foreign nation without provision for reimbursement; M Furnished for the accent of a foreign nation in connection with which.the United States advances funds or credits, or guarantees the convertibility of foreign currencies; or (4) Acquired with advance of funds, loans, or guaranties made by or on behalf of the United States. (b) The Contractor shell use privately ommoed U.S.-fteg commercial vessels to ship at least SO percent of the gross tonnage involved under this contract (computed separately for dry bulk carriers, dry cargo liners, and tankers) whenever shipping any equipment, materials, or commodities under the conditions set forth in paragraph (a) above, to the extent that such vessels are available at rates that are fair and reasonable for privately owned U.S.-flag commercial vessels. 1-102 (c)(1) The Contractor shall submit one legible copy of a rated on-board ocean bill of Ladino for mach shipment to both (i) the Contracting Officer, and Cif) the Division of National Cargo, Office of Market Development, Maritime Administration, U.S. Department of Transportation, Washington, CC 20590. Subcontractor bills of lading shall be submitted through the Prime Contractor. (2) The Contractor shell .furnish these bill of lading copies (i) within 20 working days of the date of loading for shipments originating in the United States, or (if) within 30 working drys for shipments originating outside the United States. Each bill of lading copy shalt contain the following information: (A) Sponsoring U.S. government agency. (1) Name of vessel. (C) Vessel fleg of registry. (D) Date of loading. (E) Port of loading. (F) Port of final discharge. (G) Description of comodity. (N) Gross weight in pounds and cubic fact if available. (1) Total ocean freight revenue in U.S. dollars. (d) Except for small purchases as described in 48 CFR 13, the Contractor shall inert the substance of this clause, including this paragraph (d), in all subcontracts or purchase orders under this contract. (e) The requirement in paragraph (a) does not apply to-- (1) Snell purchases as defined in 48 CFR 13; (2) Cargoes carried in vessels of the Panama Conel Commission or as required or authorized by law or tresty; (3) Ocean transportation between foreign countries of supplies purchased with foreign wrrencies made available, or derived from funds that are as& available, under the Foreign Assistance Act of 1961 (22 U.S.C. 2353); and CO Shipments of classified supplies when the classification prohibits the use of non-Govensmint vessels. (f) Guidance regarding fair and reasonable rates for privately owned U.S.-flag conmuereial vessels my be obtained from the Division of National Cargo, Office of Market Development, Maritime Administration, U.S. Department of Transportation, Washington, DC 20590, Phone: 202-426-4610. (End of clause) (R 1-19.108-2(b)) 1.100 52.247-7023 TRANSPORTATION OF SUPPLIES gT SEA (DEC 1991) (a) Definitions. As used in this clause-- (1) •Coeponents■ meant articles, aeteriaLs, and supplies incorporated directly into and products at any level of manufacture, fabrication, or I-103 assembly by the Contractor or any subcontractor. (2) -Dspartment of Defense (DOD)■ ■ears the Array, Navy, Air Force, Marine Corps, srd defense agencies. (3) ■Foreign flog vessel■ moans arty vessel that is not a U.S.-flag vessel. (4) -ocean trelsportatierr means any transportation aboard a ship, vessel, but, barge, or ferry through international waters. (5) ■Subcontractor■ nears a supplier, moterial■an, distributor, or vendor at any level below the prise Contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prise contract and who is performing arty part of the work or other requirement of the prise contract. (6) -Supplies■ sears all property, except lend and interests in land, . that is clearly identifiable for eventual use by or owned by the DOD at the time of transportation by sea. (i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DOD contract raanber or a military destination. (if) Supplies includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; and items; construction materials; and components of the foregoing. (T) -U.S.-flag vesselo means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States. (b) The Contractor shall employ U.S.-flog vessels .in the transportation by sea of any supplies to be furnished in the performsnnee of this contract. The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that-- (1) U.S.-flog vessels are not available for timely shipment; (2) The freight charges are inordinately excessive or unreasonable; or (3) Freight charges are higher than charges to private persons for transportation of like goods. Co The Contractor aunt submit any request for use of other than U.S.- flag vessels in writing to the Contracting officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such dates) as expeditiously as possible, but the Contracting Officergs failure to grant approvals to meet the shipper's piling date will not of itself constitute a coapers&ble delay under this or any other clause of this contract. Requests shall contain at a minimwa-- 1-104 (1) Type, weight, and cube of cargo; (2) Required shipping date; (3) Special handling and discharge requirements; CO loading and discharge points; (S) Name of shipper and conmignae; CO Prime contract number; and (7) A docummntsd description of efforts mde to secure U.S.-flap vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flap carriers contacted. Copies of telephone rotes, telegraphic and facsimile message or letters will be sufficient for this purpose. (d) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting officer and the Division of National Cargo, office of Narket Development, Nariti■e Administration, U.S. Department of Transportation, Washington, DC 20590, am copy of the rated an board vessel "rating carrier's ocean bill of lading, which shall contain the following information— (U Prime contract number; (2) Name of vessel; (3) vessel flap of registry,- CO Date of loading; (S) Port of loading; (6) Port of final discharge; (7) Description of commodity; (a) gross weight in pounds and cubic feet if available; (9) Total ocean freight in U.S. dollars; and (10) Name of the steamship company. (e) The Contractor agrees to provide with its final invoice under this contract a representation that to the bat of its knowledge and belief-- (1) No ocean transportation was used in the performance of this contract; (2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract; (3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all non-U.S.-flap ocean transportation; or (4) Ocean transportation was used and some or all of the shipments were made an non-U.S.-flap vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format: Item Contract Description Line Items Quantity I-105 Total........ (f) If the final invoice does not include the required representation, the-Governsmat will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. in the event there has been unauthorized use of non-U.S.-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the uneuthorized use. (g) The Contractor shall include this clause, including this paragraph (9) in all subcontracts order this contract, which exceed the small purchase limitation of section 13.000 of the Federal Acquisition Regulation. (End of clause) 1.101 52.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (DEC. 1991) (a) The Contractor has indicated by the response to the solicitation provision, Representation of Extent of Transportation by tea, that it did not anticipate transporting by sea any supplies. if, however, after the sward of this contract, the Contractor learns that supplies, as defined in the Transportation of Supplies by tee clause of this contract, will be transported by sea, the Contractor— (1) Shall notify the Contracting Officer of that fact; and (2) Nereby agrees to comply with all the tens and conditions of the Transportation of Supplies by Sea clause of this contract. (b) The Contractor shall include this clause, including this paragraph (b), revised as necessary to reflect the relationship of the contracting parties,, in all subcontracts hereunder. (End of clause) I.102 52.248-0003 VALUE ENGINEERING--CONSTRUCTION (MAR 1989) (a) General. The.Contractor is encouraged to develop, prepare, and submit value engineering charge proposals (VECF'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, meant agency costs of operation, maintenance. logistic support, or Governimnt- furnished property. •Collsteral 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. 1-106 •Contractorl's development and implementation costs,• as used in this clause, means those costs the Contractor incurs an a VECP specifically in developing, testing, preparing, and submitting the VECP, as wall as those costs the Contractor incurs to make the contractual changes required by Government acceptance of a VECP. eGovernmennt costs,■ as used in this clause, means those agency costs that result directly from developing and implementing the VECP, such as any net increases in the cost of testing, operations, maintenance, mind logistic support. The tens does not include the normal administrative costs of processing the VECp. ■Instant contract savings,• as used in this close, means the estimated reduction in Contractor cost of performance resulting from acceptance of the VECP, aims allowable Contractor's development and implementation costs, including subcontractors' development mid 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 and item quantities only; or (ii) To the contract type only. (c) VECP preparation. As a minimum, the Contractor shell 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 siailer 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 items 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 (1) 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 subcontracts 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. f I-107 (5) A prediction of any effects the proposed change would have an collateral costs to the Macy. (6) A statement of the tine by which a contract sodification accepting the VECP ant be issued in order to achieve the macadam cost reduction, noting any effect on the contract completion tic or delivery scimm ule. (T) ldantlfication of any previous submission of the VECP, including the dotes submitted, the agencies and contract numbers involved, and Previous Government action, 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) Govarrmmt action. (1) The Contracting officer shall notify the Contractor of the status of the VECP within 45 colander 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 my withdraw arry 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 experditures for VECP effort. (3) Any VECP my be accepted, in whole or in port, 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 spplin 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 (N U.S.C. 601-613). (f) Sharing. (1) Rates. The Governmentls 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 (H) 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 (fit) Provide the Contractors share of savings by adding the amount I-10B calculated to the contract price or fee. (g) NOT USED (h) Subcontracts. The Contractor shall include an appropriate value engineering clause in any subcontract of 550,000 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. (i) 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.0 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) c I-109 I.103 52.249-0002 l TERMINATION FOR C0rfiuIENCE OF THE OOYERMENT (FIXEDD-PRICE) (APR 1954)-- ALTERMATE I (APR 19U) (a) The Government my terminate performwhce of work under this contract in whole or, from time to time, in pert if the Contracting Officer determines that a termination is in the Gov moat's interest. The Contracting Officer shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective dote. (b) After receipt of a Notice of Termination, and except as directed by the Contracting Officer, the Contractor shall immediately proceed with the following obligation, regardless of any delay in determining or adjusting any amounts due under this clause: Cl) Stop work as specified in the notice. (2) Place no further subcontracts or orders (referred to as subcontracts in this clause) for meterisls, services, or facilities, except as necessary to complete the continued portion of the contract. (3Y 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, end interest of the Contractor under the subcontracts terminated, in which use the Government shall have the right to settle or to psy any termination settlement proposal arising out of those terminations. (S) Yith 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, tranafer 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 CIO the completed or partially completed plans, drawings, infonmetion, and other property that, if the contract had been completed, would be required to be furnished to the Government. M Cooplete performance of the work not terminated. (S) Take eny.ection that may be necessary, or that the Contracting Officer my 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 my 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 (6) above; provided, however, that the Contractor (i) is not required to extend credit to arty purchaser and (it) may acquire the property under the condition prescribed by, and at prices approved by, the Contracting Officer. The proceeds of any transfer or disposition I-110 will be applied to reduce any payments to be mede by the Goverment under this contract, credited to the price or east of the work, or paid (c) After expiration of the plant clearance period as defimd in Subpart 45.6 of the Federal Acquisition Reputation, the Contractor may submit to the Controcting officer a list, certified as to quantity amid 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 its or enter into an agreement for their storage. Within 15 drys, the Goverment will accept title to those its and remove them or enter into a storage agreement. The Contracting officer my verify the list upon removal of the items, or if stored, within 45 drys from submission of the list, and shall correct the list, as necessary, before final settlement. (d) After termination, the Contractor shall submit a final termination settlement proposal to the Contracting Officer in the form and with the certification prescribed b%- the Contracting Officer. The Contractor shall submit the proposal praaptl;, 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 an after 1 year or any extension. If the Contractor fails to submit the proposal within the.tiae allowed, the Contracting officer my determine, on the basis of information available, the amount, if any, due the Contractor because of the termination and shall pay the amount determined. (a) Subject to paragraph (d) above, the Contractor and the Contracting Officer may agree upon the whole or any part of the amount 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 (a) or paragraph.Cf) below, exclusive of costs sham in subparagraph (f)(3) below, my not exceed the total contract price as reduced by (1) the.amount of payments previously made and C2) the contract price of work not terminated. The contract shall be amended, and the Contractor paid the agreed amount. Paragraph Cf) below shall rot limit, restrict, or affect the amount that may be agreed upon to be paid under this paragraph. (f) If the Contractor and Contracting Officer -ail 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 arounts determined as follows, but without duplication of any amounts agreed upon-under paragraph (e) above: Cl) For contract work performed before the effective date of termination, the total Without duplication of any its) of-- (i) The cost of this work; 1-111 (ii) The cost of settling and paying termination settlesent proposals under terminated subcontracts that are properly chargeable to the terminated portion of the contract if not included in subdivision (1) above; and (iii) A am, as profit an (i) above, determined by the Contracting Officer under 49.202 of the Federal Acquisition Regulation, in effect an the dote of this contract, to be fair and reasonable; however, if it appears that the Contractor would have sustained a loss an the entire contract had it been cosplated, the Contracting Off leer shall allow no profit under this subdivision (iii) and shall reduce the settlement to reflect the indicated rate of loss. (2) The ressansbte costs of aettleasnt of the work terminated, including— (i) Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and s rtinp dote; (ii) The termination and settlement of subcontracts (excluding the amounts of such settlements); and (fit) Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of the termination inventory. (g) Except for nornst spoilage, and except to the extent that the Government expressly assumed the risk of toss, the Contracting Officer Mall exclude from the amounts payable to the Contractor under paragraph (f) above, the fair value, as determined by the Contracting Officer, of property that is destroyed, lost, stolen, or daseged so as to become undeliverable to the Goverment or to a buyer. (h) The cost principles and procedures of part 31 of the Federal Acquisition Regulation, in effect an the date of this contract, shall govern all costs claimed, agreed to, or determined under this clause. (i) The Contractor shatt have the right of appeal, under the Disputes clause, from any determinstion Bade by the Contracting Officer under paragraph (d), (f), or M, except that if the Contractor failed to submit the termination settlement proposal within the time provided in paragraph (d) or (k), and failed to request a ties extension, there is no right of appeal. If the Contracting Officer has sale a determination of the amount due under paragraph (d), (f), or (k), the Government shalt pay the Contractor (1) the amount determined by the Contracting Officer if there is no right of appeal or if no timely appeal has been taken, or (2) the amount finally determined on an appeal. (j) In. arrivin amount g at the amot due the Contractor under this clause, there shall be deducted-- (1) All uhliquidetod advance or other payments to the Contractor under the terminated portion of this contract; I-112 (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. (k) 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 mgreed upon. Any proposal by the Contractor for an equitable adjustment under this clause shall be requested within 90 days from the effective dote of termination unless extended in writing by the Contracting Officer. (t M The Government may, under the tens 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 an any excess psyment due to a reduction in the Contractor's termination settlement proposal because of retention or other disposition of termination inventory until 10 days after the date of the retention or disposition, or a later data determined by the Contracting Officer because of the circumstances. (m) 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 by the Contracting Officer, photographs, microphotographs, or other authentic reproductions may be maintained instead of original records and documents. (End of clause) (R 1-8.701) (R 7-103.21(b) 1974 OCT) (R 1.8-703) (R 7-602.29(m) 1974 APR) I-113 1.104 52.249-0010 DEFAULT`(FIXED-PRICE CONSTRUCTION) (APR 1904) (a) If the Contractor refuses or fails to prosecute the work or cry separable part, with the diligence that will insure its easpletion within the ties specified in this contract including ary extension, or fails to complete the work within this ties, the 6owrn■ent may, by written notice to the Contractor, terminate-the right to proceed with the work (or the sepereble pert of the work) that has been delayed. In this evert, the Government slay take over the work and complete it by contract or otherwise, and Bray take possession of and use any materials, appliances, and plant an 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 tine, whether or not the Contractor's right to proceed with the work is terminated. This liability includes MW 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 ruder this clause, if- (1) The delay in completing the work arises from unforeseeable canapes 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 w my, (11) 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, NO 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; wd (2) The Contractor, within 10 days free the beginning of any delay (unless extended by the Contracting Officer), notifies the Contracting Officer in writing of the causes of daisy. 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 timie for completing the work shall be extended. The findings of the Contracting Officer shall be final and conclusive an the parties, but subject to appeal under the Disputes clause. (c) If, after terminetian 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 obligation of the parties will be the same as if the terminstion 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 lw or under this contract. I-114 (End of clause) R 7-602.5 1969 AUG) I.105 52.252-0006 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1964) (a) The use in this solicitation or contract of any Federal Aoquisitian Regulation (fa CFR Chapter 1) etsuse with an authorized deviation is indicated by the addition of ■(DEVIATION)• after the date of the clove. (b) The use in this solicitation or contract of any ((,g CFR clause with an authorized deviation is indicated by the addition Of ■(DEVIATION)■ after the.nsme of the regulation. (End of clause) (NM) I.106 52.253-0001 COMPUTER GENERATED FORMS (JAM 1991) (a) Any data required to.be submitted an a Standard or Optional Form prescribed by the Federal Acquisition Regulation (FAR) may be submitted on a canputer generated version of the form, provided there is no change to the name, content, or sequanee of the data *laments an the form, and provided the form carries the Standard or Optional Form rssber and edition date. (b) Unless prohibited by agency regulations, any data required to be submitted on an agency unique fors prescribed by an agency supplement to the FAR my be submitted an a computer generated version of the fors provided there is no change to the name, content, or sequence of the data elements an 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 an the content of the required form. (End of clause) I-115 J DFARS 252 -225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (June 1992) (A) Definitions: As used 'in this clause - "Foreign Person" means any person other than a United State person as defined in Section 16 (2) of the Export Administration Act -of 1979 (50 USC App. Sec 2415) "United States ,Person" is defined in Section IL(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) or 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 the 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 USC App.Sec 2407 (A) prohibits .a United States person from taking. I-116 DFARS 232.970-1 SUBCONTRACTOR ASSERTIONS OF NONPAYMENT (a) In accordance with Public Law 102-190, title VIII, Section 806(a) (4) , upon the assertion by a subcontractor or supplier of a DoD contractor that the subcontractor or supplier has not been paid in accordance with the payment terms of the subcontract, purchase order, or other agreement with the prime contractor, the contracting officer may determine-- (1) For a construction contract, whether -the contractor has made-- (i) Progress payments to the subcontractor or supplier in compliance with chapter 39 of title 31, United States Code (Prompt Payment Act) ; (ii) Final payment to the subcontractor or supplier in compliance with. the terms of the subcontract, purchase order, or other agreement with the prime contractor; , (2) For a contract other than construction, whether the contractor has made progress payments, final payments, or other payments to the subcontractor or supplier in compliance with the terms of the subcontract, purchase order, or other agreement with the prime contractor; (3) For any contract, whether the contractor's certification of payment of a subcontractor or supplier accompanying its payment request to the Government is accurate. (b) If, in making the determination in paragraphs (a) (1) and (2) of this subsection, the contracting officer finds the prime contractor is not in compliance, the . contracting officer may-- (1) Encourage the contractor to make timely payment to the subcontractor or supplier; or (2) If authorized by the applicable payment clauses, reduce or suspend progress payments to the contractor.— (End of clause) DFARS 252.228-7006 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (SEP 1992) In accordance with section 806 (a) (3) of Public Law 102-190, upon the request of a prospective subcontractor or supplier offering to furnish labor or material for the performance of this contract for which a payment bond has been furnished to the Government pursuant to the Miller Act, the Contractor shall promptly provide a copy of such payment bond to the requester. (End of clause) I-117 SECTION J LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS JJ SECTION J LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS ATTACHMENT TITLE A Reference Maps B Wage Rates C� State of New York Water Quality Certificate D Survey Control Stations E Project Identification and Safety Signs F Submittal Register J �N�SpuNo Kok. �s 17 9 O s -V �MG.w 6 M AU 00 ~j ,`oCOMJCC Rp'O P :• WATERVILLE -J r T`I To tL.j-r4TU_'7 71 .4 Q { a:woy".' •.•QS{�?a�'�/Jfp.a{/ TA vy pt6 INC�4 N A V PO MATTITUCK a MATTITUCK HARBOR, N. Y. 30 SEPTEMBER 1986 SCALE OF FEET I M.L.W.-LONG ISLAND SOUND TO OLD MILL ROAD. IODO 0 1000 DATUM=� 2.20 FT.BELOW M.S.L. 1 M.L.W.-OLD MILL ROAD TO HEAD OF PROJECT-2.06 FT.BELOW Y.S.L. DEPARTMENT OF THE ARMY NEW YORK DI STRICT,CORPS OF ENGINEERS NEW YORK.NEW YORK ATTACHMENT A General Decision Number NY940013 Superseded General Decision No. NY930013 State: - New York Construction Type: BUILDING HEAVY HIGHWAY RESIDENTIAL County(ies) : NASSAU SUFFOLK BUILDING CONSTRUCTION PROJECTS, RESIDENTIAL CONSTRUCTION PROJECTS (including single family homes and apartments up to and including 4 stories) , HEAVY CONSTRUCTION PROJECTS (except water well drilling) , HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 02/11/.1994 1 04/15/1994 2 04/22/1994 3 05/13/1994 4 05/20/1994 5 06/10/1994 6 07/01/1994 7 07/22/1994 8 09/02/1994 9 09/30/1994 10 11/04/1994 11 12/02/1994 .... . .............. ATTACHMENT B NY940013 - 1 12/02/1994 COUNTY(ies) : NASSAU SUFFOLK ASBE0012A 07/01/1994 ASBESTOS/INSULATOR WORKERS: Rates ' Fringes . SCOPEOF WORKS includes application of all insulating materials, protective coverings, coatings and finishing to all types of mechanical systems. 27.72 17.55 HAZARDOUS MATERIAL HANDLER: SCOPE OF WORK: duties limited to: preparation, wetting, stripping, removal, scrapping., vacumming, baggingand disposing of all insulation materials,, whether they contain asbestos or not, from mechanical systems. 21.66 4.70 ------------------------------------------------------- BOIL0005A 09/01/1992. Rates Fringes BOILERMAKER $29.65 2.90+47o+a FOOTNOTE: a. PAID HOLIDAYS: New Years Day, Thanksgiving Day, Memorial Day, Independence Day, Labor Day and Good Friday, Friday after Thanksgiving, Christmas Eve Day and New Years Eve ------------------------------------------------------- BRNY0001A 07/01/1994 Rates Fringes BRICKLAYERS $31.10 12.23 --------------------------------------------------- CARP0017P 07/01/1994 Rates Fringes CARPENTERS: Nassau County (Remainder of County) : 26. 97 16.20 ------------------------------------------------------------- CARP0740A 07/01/1994 Rates Fringes MILLWRIGHTS 26. 06 18:94 -------------------------------------------------------------- CARP1093A 07/01/1994 Rates Fringes CARPENTERS: NY940013 - 2 12/02/1994 Nassau County (except that part South of the Southern State Parkway West of Seaford Creek, also smithtown Islip line on the East, Long Island Sound on the North and Middle Island RR track on the South: Carpenters; Acoustical; Drywall Installers: Building 26.75 15.77 Heavy & Highway 27.49 15.77 ---------------------------------------------------------------- CARP1222A 07/01/1993 Rates Fringes CARPENTERS: Suffolk County: Building and Residential 26.74 14.48 Heavy & Highway 26.79 14.48 ---------------------------------------------------------------- CARP1456J 07/01/1994 Rates Fringes DIVERS 32.77 16.20 DIVERS TENDERS 24.66 16.20 DOCKBUILDERS 26.97 16.20 PILEDRIVERMAN 26.97 16.20 SOFT FLOOR LAYERS 26.97 16.20 ' PAPERHANGERS 23.88 10.48 ---------------------------------------------------------------- ELE00025B -05/01/1994 Rates Fringes ELECTRICIANS 29.35 16.66 LINE CONSTRUCTION: Lineman, Technician, Heavy Equipment operator, Truck Driver & Groundman 29.35 16.66 ---------------------------------------------------------------- ELECO025C 10/02/1993 Rates Fringes ELECTRICIANS: Wiring or single or multiple family dwellings and apartments up to and including 2 stories 19.90 1.30+37-1/2% Maintenance Unit 22.25 9.55 Telephone Unit 21.42 10.. 09 ---------------------------------------------------------------- ELEV0001B 07/01/1993 Rates Fringes ELEVATOR CONSTRUCTION: NY940013 - 3 12/02/1994 ELEVATOR CONSTRUCTORS 28.96 9.01+a MODERNIZATION AND REPAIR: ELEVATOR CONSTRUCTORS 25.25 9.86+a FOOTNOTES: a. PAID HOLIDAYS: New Year's Day, Independence Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Labor Day, Columbus Day, Armistice Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. Employees will not be granted time off from work on Election Day for voting purposes except as otherwise provided by law. Employer contributes 8% of basic hourly rate for 5 years or more of service and 6% of the basic hourly rate for employees with 6 months to 5 years of service. ---------------------------------------------------------------- ENGIO138A 07/01/1993 BUILDING CONSTRUCTION Rates Fringes GROUP 1 26.50 15.54+a GROUP 2 25.00 15.54+a GROUP 3 24.00 15.54+a GROUP 4 22.00 15.54+a GROUP 5 21.00 15.54+a NOTES: Hazmat premiums: Level A 3.00 Level B 2.00 Level C 1. 00 Oiler on truck cranes with boom length of 100 ft. or more .25 FOOTNOTE: . a. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Lincol ,s Birthday, Washingtori"'s''Birthday, Columbus Day,. Election Day, and Veterans Day. POWER EQUIPMENT OPERATOR CASSIFICATIONS GROUP 1: Asphalt spreader, backhoe crawler capacity over cater- piller 225 and lomatsu 300, Boiler (thermoplastic) , Cherry picker, over 50 tons, CMI or maxim spreader, concrete pump (with oiler) , crane (crawler truck) ; crane (on barge) , crane (stone setting) , crane (structural steel)' ' crane (with clam shell) , derrick, dragline, dredge, gradall, grader, hoist (3 drum) , loading machine (bucket) cap of 10 yds or over micro-trap, with compressor (negative air machine) , milling machine, large pile NY940013 - 4 12/02/1994 driver, power winch, Stone setting/structural steel, power winch (truck mounted/stone steel) powerhouse, road paver scoop, carry-all, scraper in tandem shovel, sideboom tractor, sideboom tractor (used in tank work) , stone spreader (self propelled tank work) , zamboni (ice machine) GROUP 2: Backhoe, boom truck, bulldozer, cherypicker, conveyor (multi) , dinky locomotive, forklift,. hoist, 2 drum, loading machine, loading machine (front end) mechanicl compactors, (machine drawn) , mulch machine (machine-fed) , power winch, other than stone/structural' steel, power winch (truck mounted other than stone steel) pump (hydraulic, with boring machine) , roller, (asphalt) , scoop (carry-all scraper) , tower crane (maintenance man) , trenching machine GROUP 3 : Comrpessor (structural steel) , Compressor (2 or more in battery) , concrete finishing mchine, concrete spreader, conveyor, curb machine (asphalt or concrete) ; curing machine, fireman, hoist (1 drum) , micro-trap, (self contained, negative air machine) , pump (4 inches, or over) , pump (hydraulic) , pump (jet) , pump (sumbersible) , pump (well point) , pulvi-mixer, ridge -cutter, roller (dirt) , striping machine, vac-all, welding and burning, welding machine (pile work) , welding machine (structural steel) GROUP 4: Compressor, . compressor (on crane)', compressor (pile work) , compressor (stone setting) , concrete breaker, concrete saw. or cutter, forklift (walk behind, power operated) , generator-pile work, generator, hydra hammer, mechanical compactors (hand operated) , oiler (truck crane) , pin puller, portable heaters, powerbroom, power buggies, pump (double action diaphgrgm) , pump (gypsum) , trench machine (hand) , welding machine GROUP 5: Batching plant (on site of job) , generator (small) , mixer (with skip) , mixer (2 small with or without skip) , mixer (2 bag or over, with or without skip) , mulch machine, oiler, pump (centrifugal, up to 3 inches) , root cutter, stump chipper, tower crane (oiler) , tractor (caterpillar or wheel vibrator). ---------------------------------------------------------------- ENGIO138B 07/01/1993 Rates Fringes POWER EQUIPMENT OPERATORS HEAVY AND HIGHWAY CONSTRUCTION GROUP 1 . 27.30 15.54 + a GROUP 2 25.30 15.54 + a GROUP 3 24.30 15.54 + a GROUP 4 22.30 15.54 + a GROUP 5 21.30 15.54 + a NOTES: Hazmat premiums: Level A 3. 00 NY940013 - 5 12/02/1994 Level B 2. 00 Level C 1. 00 Truck and Crawler Cranes long boom premiums: - boom lengths (including jib) 100-149 ft .50 boom lenghts (including jib) 150-249 ft .75 boom lenghts (including jib) 250-349 ft 1.00 boom lengths (including jib) 350 ft 1.50 Cranes using clamshellsbuckets .25 Front end loader 10 yds and above .25 Oiler on truck cranes with boom length of 100 ft. or more .25 FOOTNOTE: a. Paid Holidays: New Years Day, Memorial Day, Independence Day Labor Day, Thanksgiving Day, Christmas Day, Lincoln's Birthday Washington's Birthday, Columbus Day, Election Day and Veterans's Day. POWER EQUIPMENT -OPERATOR CLASSIFICATIONS GROUP 1: Asphalt spreader, backhoe crawler (capacity over caterpiller 225 and komatsu 300) , boiler (thermoplastic) , boring machine (post hole) , cgherry picker (over 50 ton) , CMI or maxim spreader, concrete pump, with oiler, crane (crawler truck) , crane (on barge) , crane (stone setting) crane (structural steel) , crane (with clam shell) , derrick, dragline, dredge, gradall, grader, hoist (3 drums) , loading machine (bucket) capacity of 10 yards or over, micro-trap (with compressor-negative air machine) , milling machine (large) , piledriver, power winch (stone setting structural steel) , power winch (truck mounted/stone steel) , power-house, road paver, scoop, carry all (scraper in tandem) , shovel, sideboom tractor, sideboom tractor (used in tank work) , stone spreader (self-propelled) , tank work, tower crane GROUP 2 : Bulldozer, Backhoe, Boom Truck, Boring machine/augur, Cherrypicker, 'Conveyor (multi) , Dinky Locomotive, Forklift, Hoist (2 drum) , ".-ading Machine, Loading Machine (front end) , Mechanical Compactor (machine drawn) , Mulch Machine (machine- fed) , Power Winch (other than stone/structural steel) , Power Winch (truck mounted/other than stone steel) , Pump Hydraulic (with boring machine) , .Roller (asphalt) , Scoop (carry-all, scraper)' ,-Tower Crane (maintenance man) , Trenching Machine, Vermeer Cutter, Work Boat GROUP 3 : Curb Machine (asphalt or concrete) , Maintenance Engineer (small equipment) , Maintenance engineer (well-point) Mechanic (fieldman) , Micro-Trap (self contained, negative air machine) , Milling Machine (small) , Pulvi-mixer, Pump (4 inches or aver) , Pump Hydraulic, Pump Jet, Pump Submersible, Pump (well point) , Roller Dirt, Vac-All, Welding and burning, Compressor (structural steel) , Compressor (2 or more battery) , Concrete Finishing Machine, - Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (one drum) , Ridge Cutter, Striping Machine, Welding Machine (pile work) , Welding Machine (structural Steel) . NY940013 - 6 12/02/1994 GROUP 4: Compressor, Compressor on crane, Compressor (pile work) , Compressor (stone setting) , Concrete Breaker, Concrete Saw or Cutter, Fork Lift (walk behind, power operated) , Generator Pile Work, Generator, Hydra Hammer, Mechanical Compoactors (hand operated) , Oiler (truck crane) , Pin Puller, Portable Heaters, Powerbroom, Power buggies, Power Grinders, Pump (double action diaphragm) , Pump gypsum, Pump (single action 1 to 3 inches) , Trench Machine hand, Welding Machine GROUP 5: Batching Plant (on site of job) , Generator (small) ,. Grinder, Mixer (with skip) , Mixer (2 small with or without skip) , Mixer (2 bag or over, with or without skip) , Mulch Machine, Oiler, Pump (centrifugal, up to 3 inches) , Root Cutter, Stump Chipper, Tower Crane (oiler) , Track Tamper (2 engineers, each) , Tractor (caterpillar or wheel) , Vibrator, Work boat (deckhand) , ---------------------------------------------------------------- * IRON0040A 05/16/1994 Rates Fringes NASSAU COUNTY IRONWORKERS (STRUCTURAL) 24.75 • 27.78 ---------------------------------------------------------------- IRON0046C 07/01/1994 Rates Fringes IRONWORKERS (METALLIC LATHERS) 25.97 16.84 ---------------------------------------------------------------- IRON0197A 07/01/1994 Rates Fringes IRONWORKERS (STONE DERRICKMAN) 28.11 19.80 ---------------------------------------------------------------- IRON0361A 06/27/1994 Rates Fringes SUFFOLK COUNTY IRONWORKERS (STRUCTURAL) 24.75 27.78 IRON0580A 07/01/1994 Rates Fringes IRONWORKERS (ORNAMENTAL) 25.60 19.95 ---------------------------------------------------------------- LAB00066A 07/01/1994 Rates Fringes LABORERS: BUILDING - Laborers 20.85 , 10.48 Plasterers tenders 20.85 10.48 NY940013 - 7 12/02/1994 ---------------------------------------------------------------- IABO1298P 06/01/1994 Rates Fringes HEAVY & HIGHWAY: _ Asphalt rakers; Concrete and Curb formsetters 24.48 8.45+a Asphalt workers & roller workers; asphalt top shovelers & smoothers; asphalt tampers 23.97 8.45+a Jackhammers and drill men; Asphalt Plants (batchers and hop- permen) , carpenter's tenders; pipe joiners and setters; concrete laborers (structures) ; stone spereading laborers; Trackman grading; excavating laborers; Landscape and yard laborers; Puddlers on concrete pavement; Laborers (other than above on concrete pavment, Multi-trade tender and all other laborers 22.27 8.4.5+a Asbestos removal and hazardous waste handlers 24.28 8.45+a FOOTNOTE: a. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Martin Luther King, Jr. Birthday, Washington"s Birthday, Day after Thanksgiving Day. (If employee works the Holiday it is double time. If employee does not work the Holiday, the employee receives 2 hours additional pay for each day he works in the holiday week) . ---------------------------------------------------------------- PAIN0009C 06/01/1993 Rates Fringes In NASSAU INWOOD, LAWRENCE, .CEDARHURST-;. WOODMERE, HEWLETT, HEWLETT BAY, hEWLETT NECK, HEWLETT PART, EAST ROCKSEAY, PART OF OCEANSIDE, PART OF LYNBROOK, PART OF LOOKOUT, GIBSON, AND PART OF VALLEY STREAM Brush and Roller 24.00 8. 12 Spray and Scaffold 29.14 8. 12 Fire Escape 27.43 8.12 ---------------------------------------------------------------- PAIN1087A 01/01/1993 GLAZIERS: Rates ,Fringes NY940013 - 8 12/02/1994 Glaziers 25.00 14 .17 ---------------------------------------------------------------- PAIN1486A. 04/01/1993 Rates Fringes NASSAU (REMAINDER) AND SUFFOLK PAINTERS: Painters & drywall finishers 23.88 11.40 Spraying., Hanging or rolling scaffold 20" and over and sandblasting; 26.35 11.40 Structural steel 31.46 11.40 Repaint of hospitals, schools and apartment houses 20.89 10.39 ---------------------------------------------------------------- PIAS0060B 06/01/1994 Rates Fringes IN NASSAU FROM FLUSHING BAY ON TH WEST GOING SOUTH TO THE CROSSING OF INTERSTATE 678 AND CONTINUING SOUTH TO THE LONG ISLAND EXPRESSWAY (INTERSTATE 495) , EAST TO THE NASSAU-SUFFOLK LINE, NORTH TO THE LONG ISLAND SOUND PLASTERERS 24.05 12.99 ---------------------------------------------------------------- PIAS0202A 01/04/1994 Rates -Fringes ALL OF SUFFOLK AND SOUTH OF THE LONG ISLAND EXPRESSWAY IN NASSAU PLASTERERS 22.50 14. 07 ----------------------------------------------------------------- PLAS0530A 02/01/1994 Rates Fringes DRYWALL GLAZIERS 23.56 8.70 ---------------------------------------------------------------- PLAS0780A 07/01/1594 Rates Fringes CEMENT MASONS 27.99 13.47 --------------------------=------------------------------------- PLUM0200A 06/01/1993 Rates Fringes PLUMBERS 30.40 13.04 ---------------------------------------------------------------- PLUM0638A 07/01/1994 Rates Fringes SPRINKLER FITTERS/STEAMFITTERS 30.05 18.44 NY940013 - 9. 12/0.2/1994 ----------------------------------------------------------------- ROOF0154A 10/01/1993 _ Rates Fringes ROOFERS 21.89 12.08 -------------------------------------- -------------------------- SHEE0028B 01/28/1993 Rates Fringes SHEET METAL WORKERS 29.52 15.60 ---------------------------------------------------------------- TEAM0282I 07/01/1992 Rates Fringes TRUCK DRIVERS: BUILDING: Asphalt 18.74 11.2825+a+b High Rise 21.90 12.71+a+b HEAVY: Euclids & turnapulls 22 .495 12 .76+a+b FOOTNOTES: a. Paid Holiday: Employees employed on December 24 and December 31 who report for work on such days shall be paid afternoon holiday pay of four hours each day. Paid Holidays shall be included for purposes of Vacation Credit. b. For each 15 days. worked with the contract year an employee will receive one day vacation with pay, maximum vacation of 3 weeks per year. In addition, an employee who qualifies .for two weeks (10 days) vacation or more with pay and who has been continuously employed by his employer for six years before the close of any contract year, shall be entitled to one extra day vacation; seven years before the close of any contract year, shall be entitled to two extra days vacation; eight years before the close of any contract year, shall be entitled to three extra day vacation; nine years before the close of any contract year, shall be entitled to four extra day vaction; ten years before the close of any contract year or over shall be entitled to three weeks paid vacation with pay, but in no event shall any employee be entitled''to more than three weeks vacation pay per year. ----------------------T - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not-Included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses - (29 CFR 5.5 (a) (1) (v) ) . ---------------------------------------------------------------- NY940013 - 10 12/02/1994 In the listing above, the "SU" designation means ,that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION .... . .............. NY940013 - 11 12/02/1994 New York State Department of Environmental Conservation Building 40—SUNY, Stony Brook, New York 11790-2356 Langdon Marsh Commissioner October 4, 1994 U. S. Army Corps of Engineers New York District Jacob K. Javits Federal Building New York, NY 10278-0090 RE: 1-4738-00995/00001-0 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above .address. Also enclosed is a permit sign which is to be conspicuously .posted at the project site and protected from the weather. Very truly yours, a. George W. Hammarth Deputy Regional Permit Administrator GH:nw enclosure �.1 printed on recycled paper ATTACHMENT C e -.4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER EFFECTIVE.DATE 1-4738-00995/00001-0 = October 4, 1994 FACILITY/PROGRAM NUMBERS) pE �T EXPIRATION DATE(S) October 31, 1999 Under the Environs ntal Conservation Law TYPE OF PERMIT I New 0 Renewal 0 Modification 0 Permit to Construct 0 Permit to Operate 0 Article 15, Title 5: Protection ■ 6NYCRR 608: Water Quality 0 Article 27, Title 7; 6NYCRR 360: of Waters Certification Solid Waste Management 0 Article 15, Title 15: Water 0 Article 17, Titles 7, 8: SPDES 0 Article 27, Title 9; 6NYCRR 373: SUPPLY Hazardous Waste Management 0 Article 19: Air Pollution 0 Article 15, Title 15: Water Control 0 Article 34: Coastal Erosion Transport Management 0 Article 23, Title 27: Mined Land 0 Article 15, Title 15: long Reclamation 0 Article 36: Floodplain Island Wells Management 0 Article 24: Freshwater Wetlands 0 Article 15, Title 27: Wild, 0 Articles 1, 3, 17, 19, 27, 37; Scenic and Recreational Rivers 0 Article 25: Tidal Wetlands 6NYCRR 380: Radiation Control 0 other: PERMIT ISSUED TO TELEPHONE NUMBER U.S. Army Corps of Engineers ADDRESS OF PERMITTEE New York District - Jacob K. Javits Federal Building, New York, NY 10278-0090 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER John Hartmann, Chief - Operations Division (212) 264-9020 NAME AND ADDRESS OF PROJECT/FACILITY Mattituck Inlet West Jetty - North end of Luthers Rd., Mattituck LOCATION OF PROJECT/FACILITY COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Long Island Sound/Mattituck Inlet iIPT1(N OF AUTFMIZ® AMVITY Dismantle and reconstruct the existing west jetty at Mattituck Inlet. Work includes removal and stockpiling of capstone, core stone, and bedding stone from the existing structure. Reconstruct the jetty using these materials, and any new stone required to achieve the design dimensions. All work shall be in accordance with the 15 sheet plan set titled "Mattituck Harbor Jetty Rehabilitation - Long Island, New York DACW51-B-95" prepared by U.S. Army Corps of Engineers. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2) and any Special Conditions included as part of this permit. DEPUTY REGIONAL PERMIT ADMINISTRA- ADDRESS TOR: George W. Hammarth Bldg. 40, SUNY, Room 219, Stony Brook, NY 11790-2356 AUTHORIZED SIGNATURE DATE 1fl- October N�`y/ 4, 1994 Page 1 of 4 e-z GENERAL 03\DITICNS Inspections 1 . The permitted site or facility, including relevant records, is. subject to in- inspection at reasonable hours and intervals by an authorized representative of the Department of Envirormntal Conservation (the Department) to determine M-ether 'the permittee is crnplying with this permit and the ECL. Such represen- tative rray order the v%ork suspended pursuant to ECL 71-0301 and WA 401 (3) . copy of this permit, including all referenced maps, drawings and special conditions, rrust be available for inspection by the Departrent at all times at the project site. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Pe rmi t Changes and Rarw na I s 2. The Department reserves the right to modify, suspend or revoke this permit Wien: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regula- tions is found; b) the permit vies obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered; or d) enviromrental conditions, relevant technology, or applicable lary or regulation have rraterially changed since the permit vas issued. 3. The permittee crust sutmit a separate written application to the Department for renenel , modification or transfer of this permit. Such application rrust include any forn-s, fees or supplemental inforn-ation the Department requires. Any ren&%el , modification or transfer granted by the Departrentrrust be in writing. 4. The permittee rrust sutmit a renenel application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SIMM)., Hazardous' Vhste Nbnagerent Facilities (PMF) , major. Air PoIIution Cont roI (APC) and SoIid % bste IVbnagerent Fac i I i t i es (SI'oVF) ; and b) 30 days before expiration of all other permit types. 5. Lbless expressly provided for by the Department, issuance of this permit does not rrodify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. Other Legal Cbligations of Permiittee 6. The permittee has accepted expressly, by the execution of the application, the full legal responsibility for all damges, direct or indirect, of Wlatever nature and by MaTever suffered, arising out of the project described in this permit and has agreed to indemify and save harmless the State from suits, actions, dareges and costs of every name and description resulting from this project. 7. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted v%ork nor does it authorize the irrpa i rment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands, easerents and rights-of-v%ey that rray be required for this project. Page 2of 4 e-3 95-DIT P1e2)—zs` TIDAL WETLANDS ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34 and 6 NYCRR Part fi08 ( ) 9. That if future operations by the State of New York require an al- other environmentally deleterious materials associated with the teration in the position of the structure or work herein authorized,or project. if, in the opinion of the Department of Environmental Conservation 13. Any material dredged in the prosecution of the work herein perm it shall cause unreasonable obstruction to the free navigation of said shall be removed evenly,without leaving large refuse piles,ridges a waters or flood flows or endanger the health, safety or welfare of _ the bed of a waterway or floodplain or deep holes that may have a the people of the State, or cause loss or destruction of the natural tendency to cause damage to navigable channels or to the banks of resources of the State,the owner may be ordered by the Department to' a waterway. remove or alter the structural work,obstructions,or hazards caused thereby without expense to the State, and if, upon the expiration or 14 There shall be no unreasonable interference with navigation by the work revocation of this permit, the structure, fill, excavation, or other herein authorized. modification of the watercourse hereby authorized shall not be com- 15. If upon the expiration or revocation of this permit,the project hereby pleted, the owners,shall, without expense to the State, and to such authorized has not been completed,the applicant shall,without expense extent and in such time and manner as the Department of Environmental to the State, and to such.extent and in such time and manner as the Conservation may require,remove all or anv portion of the uncompleted Department of Environmental Conservation may require,remove all or structure or fill and restore to its former condition the navigable any portion of the uncompleted structure or fill and restore the site and.flood capacity-of the watercourse.No claim shall be made against to,its former condition. No claim shall be made against the State of the State of New York on account of any such removal or alteration. New York on account of any such removal or alteration. 10 That the State of New York shall in no cage be liable for any damage 16. If granted under 6 NYCRR Part 608. the NYS Department of Environ- or injury to the structure or work herein authorized which may be caused mental Conservation hereby certifies that the subject project will not by or result from future operations undertaken by the State for the contravene effluent limitations or other limitations or standards under conservation or improtement of navigation,or for other purposes,and Sections 301, 302, 303. 306 and 307 of the Clean Water Act of 1977 no claim or right to compensation shall accrue from any such damage. (PL 95-217)provided that all of the conditions listed herein are met. 11 Granting of this permit does not relieve the applicant of the responsi- 17. All activities authorized by this permit must be in strict conformance bility of obtaining any other permission, consent or approval from with the approved plans submitted by the applicant or his agent as part the U.S.Army Corps of Engineers. U.S. Coast Guard. New York State of the permit application. Office of General Services or local government which may be required. Such approved plans were prepared by 12. All necessary precautions shall be taken to preclude contamination of anv wetland or watervav by suspended solids. sediments, fuels, on solvents, lubricants,epoxy coatings.paints,concrete,leachate or any SPECIAL CONDITIONS 1. Any debris or excess material from construction of. this project shall be completely removed from the adjacent area (upland) and removed -to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. 2. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas .as a result of -the permitted activity. 3. The storage-, of construction equipment and materials shall be confined to within the project work site and or upland areas greater than 50 linear feet from the tidal wetland boundary. 4. All peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads etc. shall be completed prior to placement of any fill material behind such structures. i 5. Prior to any construction or removal of bulkheads and other shoreline stabilization structures all backfill shall be excavated landward of the bulkhead and retained so as not to enter the waterway, tidal wetland or protected buffer area. 6. There shall be no dredging without further approval from the Department. Special Conditions (A). thru (F) attached. -� DI.0 PERMIT NUMBER 1-4738-00995/0001-0 i PROGRAM FACILITY NUMBER Page 3 or 4 e-4 SUPPLEMENTARY SPECIAL CONDITIONS The following conditions apply to all Tidal Wetlands; Freshwater Wetlands; Coastal Erosion Management; and Wild, Scenic, and Recreational Rivers Permits: A. A copy of this permit, including all conditions and approved plans, shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit shall be protected from the weather and posted in a conspicuous location at the work site until all authorized work has been completed. B. The permittee shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands, and complies with this permit and all its general, special, and supplementary special conditions. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address on page one or telephone (516) 44.4-0365. C. If project design modifications become necessary after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require submission of a new application for permit. D. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of the permitted work, the bottom portion of that form shall also be signed and returned, along with photographs of the completed work and, if required, a survey. E. For projects involving activities to be undertaken in phases over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to recommencing work in subsequent years. F. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242 (516) 474-2195, which may be required for any encroachment upon State-owned lands underwater. DEC Permit No. 1-4738-00995100001-0 Page 4 of 4 95-20.1 (8187)-9d New York State Department of Environmental Conservation `r `r NEW NOTICE 1 The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law ' v for work being conducted at this -site. For further information regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Regional Permit Administrator Permit Number A' 7 Onr � Rr n. GRCENE Expiration Date NOTE: This notice is NOT a permit 05-31-1994 01:02PM FROM CENRN-OP SURVEY BRRNCH TO OPERS DIV P.02 STATION RECOVERY MWECT COUNTY TATE Ems/ NAME eQFer STAMPINGS ,l,�,,t�f' AGENCYrf6i� TYPE �f4W GONDETIaN I*ikl DESCRIPTION ,.AIX eAW11 DRAW SMTCH .ON REVERSE SIDE OT HORIZONTAL DATA . VERTICAL DATA DATE lylrfl FASTING r4WQT�-,W IGLD OFFICE KORTiii*IG USGII<GS IICL 71n s} JJ fail 1$70i x Ar j —'�— ATTACHMENT D 05-31-1994 01:02PM FROM CENAN-OP SURVEY BRANCH TO OPERS DIV P.03 STATION RECOVERY PRQ. cr � iyd .�.® counrr ..� .� STATE Ampms A6ENC• TYPE ' .se,' el �T CoPIorno+�r � DESCRIPTION flRAW SKETCH ON REVERS!: SIDE BY HOWONTAL DATA VERTICAL DATA DATE -tGLD OFFICE NORTHING act ►on. :� USc&rs ---- ^— (ull Ilia) .. .. 1 ' IAI D-;Z, TOTAL P.03 VERTICAL CONTROL DATA QUAD 410T23 PAUL' 110.19 U.S. 01PARRdEK1 Of COMMERCE bythe C0101-N.Y.,in.FtONatv.rA1 SCreftCE SMICES AOMINtitaATION LATITUDE 41'00' TO 410 30' COAST taro dlrootnc SUNrtr Coast and Geodetic Survey LONGITUDE 72*30' TO 73'00' SEAtEVEt OAWM of 1229 113AGRA1f NK i8-9 HARTFORD Ln ' t r t71 LIVES IOSA lot- 0.-• . -- lD OESCOIPTIOrl Of' Oi.NCII HARK A a•eita.r:.n llo. 6 1917 et.t• Conn. county Y.idd:•caex- � LM 1011 t••felt "In HiGganum h..ty elfof of Portz W.Studder: r 0iet.nq tad/lrecal.e traa.4.laae tom At ESpr,gacum LotolSad 4ae.3•i.rdr eearaeloy of as's Std. Disk ateafl.e 110. 6 1917 ►'' ■at►lt-lAhti)a C&as O•ui)te dtoeriottoa A. 111c1!arc_m, lliddicecx County, 300 lcet north of ttA 71e9 York, lkea 3?UR LINE 0011TINURD FROM QUADKANOLB 1100(24 -11 Haven k 1Wstford Railroad static:), in the top of the center o: a ;U aasoltry retaining wall, and 21 feet cast of the cast rail. O - 3. USGS report RHCOVERSD AS DESCRIEW May 1952 DESCRIPTION! OF BENCH MARK t7 m Dosianation A 37L State Now York County Sullolk DZD OESCRIPI10t'1 OF eMneH MARK Nea.est tarn MUL' 14% Ce4nty3uffolk Z Oiatana a.A direolion Ira--carelt lawn 2.5 sd2ee northwest 1 aatenau.n K 16 fta< Core. county Tllddleaex Choracterofmarll A disk Sbrn►lnt7 A 374 1956 b - s..yI coca HLFAaltUM _ tauntr trod of raltr h.Studdert fstebfshodlay c4cs alett.w.end dit.talaa in.nnyat to- At Hlfgar.'-m tor.tt.t ate 1935 oelaiad deecrtftien 0.0$mile south along Lave lane lrm rice poet office et YattiWck, �< tn.•eat•r of oar. Std. D:a:c Ete•a,.o A 1E• 1915 to the intere4et10%of Love Loner State highway 7t01250sad So" Ararnre, thence mtt.eueha ty CydS 1.05 atle +rest almtg Shied Av.rate,TFerce O.05 ails north alemg Cot Neck)toad! 1)"lt.d-d.eerfN)e. thenas O.6 aile north along Rresk►.ater F", 32.6 fief West of the ccttarllne of Breakwater Road, 17 feet vast of Foie tio.239 set in top of a large granits boulder, the oast western ore of two W lder, and about 3 inches above the At H:A4anu±%. r•Ilddlesex County, 500 feet south of tt:e New York, New Lr•+ti)rJ, .Z1 Ha•.er. &Hartfo-d Railroad station, 25 feet north o= overhead timter D b-1dg_ 21.e, in a tc•p of a ledge, 7 feet ear. of the center:9:,e � Z of the track, and about 2 feet higher tout the track. I 2 USOSpeport AFJ'OYERED AS DESCRIi1BD - MAY 1952 Q DESCRIPTION OF BENCH MARK nelifnal4a D.M. Chas No. 2 U.S.B. State Xew YOA County Suffolk tievoitto..n Kat.tituek C.•intySuffolk OESCR1PTION OF sE?ICII hlAnh Oi.tance and/ir.ction(tam rarest tc-A 2.95 miles northwest Chatterer of mark A Oalvvdasd Iron pdp•e' Starnpna ift)yi. auis•etlta L 16 auto Cann. 0, a" Middlesex Eaubthhad by U.S.S. s.u<.e t..• Higganum county chief or u.p U.Studdert pecans!(FINK4 eron 0.05 adle south aleng Low Lane free the past affl¢e at Nattituck. at.t.+t••M dtt•clion It....aryl tie" 1.9 ml. $ atrelenA 4u 2935 to tits intersection of Laws Lana, Stair IdshwaT y9.25, and Sorntd Avnaue, thence ta.to.e.r.t can Std. Diak ata.at.x L 16 1935 1.05 ails west along Sawat Averws, tlultea 0.95 bile Writ,alanE Cox Ysek Roed, tat.vltehed or C&IS thence 1.05 silt north along Breakwater.Madly 100 toot cast of tko oentsrklna of 0-talle4 eeoertrlen Dreak"tsr hard, 100 feet north of the Cartb vtd of the w•tat ytttr at YsttiWck Harter entrmce, is a I inch plvenfud Lron pipe set'in the center of an ship Such ooncrete filled Lena wits flue pipe 3 feet in length, the flue pipe Ia fat in a 1.9 miles south along the New York, New Haven It Hartford Railroad 31J fact concrete block N;leh in tum Sa set In the capstone of tlls Jetty. from the station at nttm Middlesex County, 35 feet northwest of O a dirt-road croaeing, 40 feet east of the centerline of a highway, M m 35 feet neat of the center31tte of the track, in line with a root or X poleS, 10 feet south of W.M.T. pole 16421, and about level with the O t rack. Lt o EmmerBd is Oe Atd i46l c 30 r v ,U m f9 r r IgAY :ocy U.S. OEPARYIntr,I uF COMMERCE VERTICAL CONTROL UmrA t;UAD alar�3 eAne H�. �): ANDEWIFIONMEG NL SCIENCE SERVICES ADMINISTRATION by the COAl1-H.Y, coasr o osnonrc syevEr Coast and Geodetic Survey I.ATITUI)B 41'00' TO 4l'3DI SEA.LEVEE DATUM OF 192c LO)INITUbE: 72-30' TO 73'ODI ll DIAGRAM h5C 18-9 IUIRWORD C] W fY W 0 DESCRIPTION OF BENCH MARK Duipietiw D 371. $trim bow York Count 4e&reft t7w•e N,attLt¢ok Cola,trlluffolk r Suffolk Dirtenoe and dircctisn from ntmrest to-n 3.0 o@les northwest C4iracterof nark A disk SNmIinQ B 374 1956 Et9eblishcd►r am. Detaileo description 0005 mile momtA alrrn� Lore Ltne 1,the Peet office at tisttituek. to the lntorsection of L le Lore Lis , State 1LlddtwTy No.25, and SouTd Avenw, theooe 1.05 nile West along sowrst Avenue, thence 0,05 Mlle north aSuu box neck Road, thence 1.15 mile earth along Brsa)chAt&r Bond, to the end of tee roed, 530 feet 'nortb of bench mark Chas Xo,2, 104 feet northeast of Polo X6.461 set in!op of p large aranits boulder in the toot Jetty at Mattituck Harbor entrance, trd is F- 180 paces tout* of the weft Jetty 110t. ZDESCRIPTION OF BENCH MARK Dtsip�atior. C 374 Siatt New York CDUMI Nearest U-x,. Kettltmck Cownrr Suffolk r Sall° R1 Distsnva and dirartion Iron,nsarort Town n Stem 3,05 rIIles northwest CAarr_terof.mark i W A dLek Ettab6shtd by CA.1 i m s C 374 1956 D Dttsibi description D,05 tulle sowth&long Lave lane from the post ottLoe at K&CtLtOcIt to the intersection tion of Love Lena, state tligh"T XD,25e and SourA Avarnes, Sheers �- [n thence 1.15 rile r d le e, "Mee 0.85 milt north along Cox Keck Roes, ' 6 Breakwater Rood, to pet of the road, at the O light tower at-the north and of tha west JtttT or Nattituek Harbor Entrance W� Q I north or bench nark D 374, 2 feet weft of the eantbeast Dormer of concrete:owWetlon of tAe 110t towers 1.2 feet eoothwtet of the southeast steel leg of light tower, about 6 Lnobee north of the mouth edge of lowrdetion. set in top of the concrete base for the west Jetty 1L ht tov&r. U ' strD OR Srtrn L' H 0 LL. 17 m V M Ol e-I ' 1 m .-t N m Introduction: Project Identification Sign 16.2 Below are two samples of the construction 4'x 4' section of the panel on the right is page. Mounting and fabrication details are project identification sign showing how to be white with black legend.The 2'x 4' provided on page 16.4. this panel is adaptable for use to identify section of the sign on the left with the full Special applications or situations not either military (top), or civil works projects Corps signature (reverse version) is to be covered in these guidelines should be (bottom).The graphic format for this 4'x 6' screen printed Communications Red on referred to the District/Division sign sign panel follows the legend guidelines the white background. coordinator. and layout as specified below.The large This sign is to be placed with the Safety Performance Sign shown on the following Legend Group 1:One-to two-line 13 j 3- 42' 13- description of Corps relationship to Colo�r:1 White � - a: i Feedwater Pumps Typeface:t25'Hetvetica Regular `•� _ Maximum line length:1T 4,2 Legend Group 2:Division or = -and Piping District Name(optional). Placed for .Building 195 ss -- below 10.5'Reverse Signature (6' Castle). o 5 6- Color:White Port Eustis,Virginia Typeface:125'Helvetica Regular 2.25" Legend Group 3:One-to —= •, . three-one project We legend g g desrrbes the work being done under this contract Color Stack Arse Contrae�r Typeface:3"Helvetica Bold 3 Aerts.Georgia try t875- Maxi murn line length:Qr Atnetb Georgia 1875- �%S73 _I t87� legend Group 4:One-to two-line identification of project or fadGry I- _.. _ (ate works)or nau a of sponsoring J .. department(military). Black 15'Helvedca Regular (3'� 21' t-f I 21- Maximum fine length:42' `J Crass-align the first fine of Legend Group 4 with the fast line of the �„n (US` C°`�' Expansion of Fish _ 5&b:One-W five- ry - -' �of pate Hatchery Contractor irrcuding:type (architect general contractor.etc.). corporate or firm name.city.state. Use of legend Group 5 is optional Bonneville Lack and Dart T Black ypeface-125-Helvetica Regular ' Matarrnrm fine length:21- . AB typography is Rusty left and rag - - -- right upper and lower case with Cor>t_J=r Core rig Engif initial Capitals only as shown. wig Cortstlucli n Co. Umurradmal E�#mw rg - letter-and word-spacing to follow Pordar4 Oregon Compam h-- Corps standards as specified in Dallas,Tems —.=-- Appendix.D. ----==•-•--•- Panel ._ post Specification Mounting Color --._. Size Size Size Code--• Height Bkg/ls3d __ - - --- CID-or-- various 4"x F- --- 4-x 4:-. HOO-3 48' WH-AD/BK - —- _ ...:. ATTACHMENT E , Fabrication and Mounting Guidelines 16.4 All Construction Project Identification signs pages 162-3. Detailed specifications for For additional information on the prop, and Safety Performance signs are to be HDO plywood panel preparation are pro- method to prepare sign panel graphics, fabricated and installed as described vided in Appendix B. contact the District sign coordinator. below.The signs are to be erected at a Shown below the mounting diagram is location designated by the contracting of- a panel layout grid with spaces provided ficer and shall conform to the size,format, for project information. Photocopy this and typographic standards shown on page and use as a worksheet when pre- paring sign legend orders. The sign panels are to be fabri- cated from.7S'Kigh Density Over- Panel preparation to follow DO spedficaims provided in Appendix B. Sign grams to be prepared on a white non-reflective vinyl film with positionabie adhesive badang. AD graphics except for the Com- munications Red bad ground with Corps signature on the project `8 sign are to be die-cut or computer- tut ion-reflective vinyl,pre-spaced legends prepared in the saes and typefacesand ed to backgroundfipanel following r the graphic formats shown on pages 162 3. „-I The r x 4'Communications Red panel(to matchPARS-032)with full Corps signature(reverse ver- sion)is to be screen printed on the white background.Idertdica- t tg- tion of the District or Division may I— be appLed under the signature wilt white crt vinyl letters pre- Construction Project Sign pared to Corps standards' Large Scale reproduction artwork for the Legend Group 1:Carps Relationship signatue is provided on page 4.8 t I . enlarge from — Dry and invert sox(6).375-T-runts Legend Group 2:DNision/Distrid Name tmrn the front taco of the HDO sign panel.Position holes as t I • i shown.Flange of T-nut to be flush 2.1 I with sign face. repared t�graphic pwel to P p of ov Legend Group 3:Project Trite I 1' arurfaeturew instructions. m Sign tip igl-to be structural 3.] . . . . r grade C x r treated Douglas Fir or Southern Yellow Pine. NO or Legend Group 4:FaaLry Name better Post to be Ir long.Drill sac(6)37Shts to holes in t I uppane r' '. _... 7-1 I halee to accept socket head cap Legend Group Sw Comer Legend /A&E Ld G 5b:contractor/A&E .. screw(0 x 3757. . I Assemble sign Farrel and uprights i 1 . I t 1 s 4-ho Local sod em',sign panel and 2 l I 2 ( uprights in I didons and/or vvfnd.loadirg may 3.1 ( 3 1 - . ,.._. mq;*e Ong additional T x 4' 4.1 1 4. 1 I steals on inside face of uprights to I reinforce installation as shown. 5.1 r 5. r -- Safety► Legend Group 1:Project Title u - - tI t = 2.1 I - Legend Group 2 Contractor/A&E , t I• I = r -- 05-18-1994 10:14AM FROM CENRN-OP SURVEY BRANCH TO OPERS DIV P.04 COUNTRY ` TYPE OF MARX IS:A:IO1+ . U.S.A. I Bronze Disc f Matt. west (CPS 500 LOCALITTLOng Island STAMPING ON PARK Y (CAST IN yAQdtI E�EVATiON Tfrl MaCCitvck, NY Matt. West Set 1989 IACZ84C C.O.E. 5'95 It-ATITUCC LOMCITVOC OATVM v4ruM 410 00' 53.67706" 1720 33'. 39.85059" 1927 N.A.D. 1929 .N.G.V.D. CMOATmimr.K�T i rTI - ICASTING)MCAC=W T�rl CRIO AhO ZONE S•.TA6t..16MCZ) By IAC.EmC-,'1 290857.7�48 � f 2397095.944 �s� N.Y. L.I.L. Hartmann Assoc. Inc 1� (NORTIS)hG)IEASTINGI IfT) IEASTINGICNORTMINGI 1*T)IGXIO AN0 ZONE =A:E OJIOC-q IM) i 1MI . 8/15/89 3rd TO 08TAIN GRID ♦ZIMVTM. A00 • TO rMr GEOOETIC •ZIrVTM TO OBTAIN GRID AZ. IAOO)ISVB•I TO TNC GEOOETIC AZI�IJT0 AZIMVTM OR OIRECT)OM CEO L' VISTAN;E GRID DISTA+•CE OBJECT CGEOOFTICITGR101 JACK AZI+II)TN YA N TI IMCTCPS) .fECT) ' I>•ETE�SI •FCET1 To reach Station from Riverhead, take the Northville Turnpike (County Route 43) north. Turn right on Sound Avenue (travel to Mattituck). Turn left on Cox Neck Rd. � (County Route 84), which turns into West Mill Road. Then turn left on Luthers (Breakwater) Road and take it Co the end. Station is a disc set in the top of a large flat jetty stone approximately 20' north of the beach at high tide and approx- Iv imately 150'+/- south of Jetty Light. IC. [,Sh C- 5°`'tea. � sa•2 ct� ,L I � C 1 7 � a Ga`1 ! j Ll ISRETCM 1}�' rOp Rc��.c Es °' r°'"" '•" DESCRIPTION OR RECOVERY OF 110RIZOedT AI CONTROL STA.T IC): DA 1 OCT"..1 959 Aw0 1••0- 1 rCo !T• w...C.. f•. r.• oT Ihi+ L..w, •• ARE O�fQLC Tt. • TY SJJ7:rA• >...v.n.+I ! D- 5 TOTAL P.04 SUBMITTAL REGISTER 1111E AND LOCATION CONIRACI NUMDF.R RENPBILITA (1N h CONIRACTOR SPECIFICATION SECUON TYPE OF SUDMNTAL CLASSI. CONTRACTOR FICAIIDN SCIIEDULE DATES CONTRACTOR GOVERNMENT ACTION S A U F E E E SO O l p p p ACTION H N O P NAS SPECIFICATION O P A S T i N I 1ET p y E n ACTIVITY ITEM PAnAG"API/ OESCniPIION OF n n�o CODE NUMDER NUMBER IIEIA SIIDMIitEO O E " D F R I A M N I APPnpVAL MATERIAL SUDMIT G T A I E M E SUDMIT G E T C P g E g NEEDED NEEDED. CODE DATE 10 . E A T n L I N.D DM• DY OVERN• CODE DATE REMAgIIS N p T•. MENT E r A T ". (To be reveiwed t b d A 0 Section C I 9 h I 1 i I m n 0, p V 1 Envir. Prot. plan ' U v IN 7'��-� �- - _ x x �. } FT_41. Progress Schedule R . x x 1j H_28 Notific. of Work x x COR ' COR Section C Release form for off =T-4,4 loading facilities COR x x .4.. Section C ! Quarry Stone Test". x x x x x Part �, 1 esults and Quarry COR Service Recor s " i� `J z ENG FORM 4288 ,Aug 89 IEq 413.1..10) ' EDIitON OF APR E4 IS OBSOLETE Page ' • .� •+gal P�yH (PlOponfnl 1 SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF BIDDERS KK INDEX SECTION K REPRESENTATIONS AND CERTIFICATIONS K. 1 SMALL BUSINESS CONCERN REPRESENTATION K. 2 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION K.3 WOMEN OWNED SMALL BUSINESS REPRESENTATION K.4 CONTINGENT FEE REPRESENTATION AND AGREEMENT K.5 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION K. 6 TYPE OF BUSINESS ORGANIZATION-SEALED BIDDING K..7 TAXPAYER IDENTIFICATION K. 8 CERTIFICATION OF NONSEGREGATED FACILITIES K. 9 CLEAN AIR AND WATER CERTIFICATION K. 10 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS K. 11 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE K. 12 SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM K. 13 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING K. 14 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY K. 15 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT AND OTHER RESPONSIBILITY MATTERS K. 16 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT THAT SUPPORTS TERRORISM K. 17 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS K. 18 NOTICE OF RESTRICTIONS ON CONTRACTING WITH SANCTIONED PERSONS K. 19 CERTIFICATION CONCERNING SECONDARY BOYCOTT OF ISRAEL x-=EX -1 SECTION K REPRESENTATIONS AND CERTIFICATIONS BIDDERS ARE ADVISED THAT THE FOLLOWING REPRESENTATIONS AND CERTIFICATIONS ARE TO BE CAREFULLY REVIEWED AND WHERE APPLICABLE. COMPLETELY FILLED IN WITH THE APPROPRIATE INFORMATION. BIDDERS ARE FURTHER ADVISED THAT INDIVIDUAL CERTIFICATIONS MAY REQUIRE SEPARATE- SIGNATURE. PARTICULAR ATTENTION IS DIRECTED TO THE REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY WHICH REOIIIRES THE BIDDER TO COMPLETE WITH THE NAME, TITLE'-AND SIGNATURE: or THE CERTIFIER, NAME OF BIDDER, IFB- NUMBER, ANY VIOLATIONS -(OR IF NONE, BIDDER MUST STATE "NONEI') AS. WELL AS THE DATE .OF CERTIFICATION. SECTION R IS TO BE RETURNED IN ITS ENTIRETY WITH THE BID. K.1 SMALL BUSINESS CONCERN REPRESENTATION (JAN 1991) FAR 52 .219-1 (a) Representation. The offeror represents and certifies as part of its offer that it is, is not a small business concern and that all, not all end items to be furnished will be manufactured or produced by a small business concern in the United States, its territories or possessions, Puerto Rico, or the Trust Territory of the Pacific Islands. (b) Definition. "Small business concern,•" as used in this provision, means a concern, including its affiliates that is independently owned and operated, not dominant in,4he field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation. (c) Notice. Under 15 U.S.C. 645(d) , any person who misrepresents a firm's status as a small 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 Federal law that specifically references section 8 (d). for.. a definition of program eligibility, shall - (1) Be punished by imposition. of fine, imprisonment, or both; (2) Be subject to administrative remedies, including suspension and debarment; (3) Be ineligible for participation in programs conducted under the authority of the Act. K-1 K.2 SMALt DISADVANTAGED BUSINESS CONCERN REPRESENTATION (DOD CONTRACTS) DEC 1991) DFAR 52.219-7000 (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 124.1131 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, Samoa, Guam, U.S. Trust Territory of the Pacific Islands (Republic of Palau), the Northern Mariana Islands, Laos, Kampuchea (Cambodia), Taiwan, Burma, ThaiLand, .Malaysia, Indonesia, Singapore, Brunei, 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, the Dominican Republic, Puerto Rico, Spain, or Portugal) Native American (American Indians, Eskimos, Aleuts, or Native 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) Certifications. : Complete the following-- K-2 Cl) The offeror is is not a small disadvantaged business concern. C2) The Small Business Administration (SBA) has has not made a determination concerning the offerors 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) Notification. Notify the Contracting Officer before contract award if your status as a small disadvantaged business concern changes. (e) 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 a fine, imprisonment, or both; (2) Be subject to 'edministrative remedies, including suspension and debarment; and (3) Be ineligible for participation in programs conducted under authority of the Small Business Act. (End of provision) K.3 WJMr�t.y-OW SMALL BUSI[S£.SS R?RES TATION (APR 1984) : (FAR 52.219-3) a. Representation: The offe-Tor.rearesents that it. is, is not a men-awned srm 11 business cone-ern. b. Definitions: ";mTp I business concern," as used in this provision, means a concern, including its affiliates . that is ;�gpende tly owned and operated, not dom nar t in the field of qperation in Mich it is bidding on contracts, and cualified as a wall business under the criteria and size standards in 13 CFR 121. "yet=-owned," as used in this provision, nears a Small business that is at lest 51 percent owned by a uu= or women who are U.S. citizens and who also mnt=l and opemr-- the business. (R FPR Ter. Reg 48 DEC) K-3 K.4 C:)'\rL',N T FEE MBEEEM 7+ATION AMID AGEM-MIT (APR 19841 a. Representation: The offeror represents that, except for full-tip bona fide employees working solely for the offeror, the offeror: (NOM: The offeror must check the appropriate bmce_s. For intmWetation of the representation, including the tear "bona fide employee," see suboart 3.4 of the Federal Acquisition Regulation.) (1) has, has not employed or retained any person or company to solicit or- obtain this contract; and (2) has, has not paid or agreed to pay to any person or cry employed or retained to solicit or obtain this coact any mission, per- centage, brokerage, or other fee contingent upon or resulting foam the award of this contract. b. Agreement: The offeror agrees to provide inror tion relating to the above Representation as requested by the Contracting Officer and, when sub- ParagraPh (a) (1) or (a) (2) is answered affianatively, to promptly submit to the Contracting Officer: (1)- A ccupleted Standard Foam 119,. Statement of Contingent or Other Fees, (SF 119) ; or (2) A signed statement indicating that the SF 119 was previously sub - mittt_� to the same contracting officer, including the date and applicable solicitation or contract number, and representing that the prior SF 119 applies to this offer or quotation. (R 7-2002.1 1974 APR) (R 1-1.505) FART 52.203-4 K.5 cERTIFICaM OF IMEPr"i. ENT PhICF DEIEtMINATION (APR 1985) : a. The offeror certifies that: (1) The prices in this offer have been arrived at ind=pendently, without, for the pt,pose of restr'c''7 petition, any �ri�ultation, communication, or agreement with any other offeror or =rmetitor relating to W those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in'this offer have not been and will not be knowingly 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 eontract 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 eompetition. b. Each signature on the offer is considered to be a certification by the signatory that the signatory: K-4 (1) Is the person in the offerorras organization responsible for dete=ining 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) H-s been authorized, in writing, to act as agent for the following principals in c��,ing that those principals have not Participated, and will not participate in any action contrary to subparagraphs (a) (1) through (a) (3) above (insert full narm of person(s) in the offe�-or's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the cfferor's organization) ; (ii) As an authorized agent, does rori-;fy that the principals nary in subdivision (b) (2) (1) above have not participated and w,i I not participa`, in any action eant_--ary to subparagraphs (a) (1) through (a) (3) above, and (L) As an agent, has not personally participated, and will- not participate, in any a&,-ion contrary to s,icnaracra7ns (a) (1) t-irouch (a) (3) above. c. If the cffe-ror deletes or modifies subparagraph (a) (2) above, tee offeror mist fern sh with its offer a signed si�ate*n--nt setting for`,:n in deta-il the circum,s,..ances of the disclosure. (R 7-2003.1 1975 OCT) (R 1-1.317) FAR 52.203-2. K.6 TYPE OF BUSI[�:SS OFcC-�NIZATION - SF= BMDTNG (JUL 1987) : die bidder, by czeczsing tie apple cable box, represe_*�ts that it operates as a cormorati on incoraorated under the laws of the••State of an individual, a Lm, a nonprofit orgarization, or a joint vz*iture. If the bidder is a foreign entity, it cpe*ates as an individual., a partnership, a nonprofit Organization, a joint venture, or a corporation, re(Fiste_Ted for business in (FAR 52.214-2) copotry K.7 TAXPAYER IDENTIFICATION MEP 1992) FAR 52.204-3 (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 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: K-5 (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, 6042A, and 6050M and implementing regulations issued by the Internal Revenue Service (IRS) . If the resulting contract is subject to the reporting requirements described in 4 .902 (a) , the failure or.refusal by the offeror to furnish the information may result in a 20 percent reduction of payments otherwise due under the contract. (c) Taxpayer Identification Number (TIN) TIN: TIN has been ap for. TIN is not required because: Offeror is a nonresident alien, foreign corporation, or foreign partnership, artnership 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 payment for such services;' Other Corporate entity; Not a corporate entity' Sole proprietorship Partnership 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. Name and TIN of common parent: Name TIN K.8 ==CATION OF NONSEGREGATED FACILITIES MDR 1984) : a. "Segregated facilities," as used in this provision, moans any waiting rooms, imrk areas, rest rooms and wish 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 d-ective 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 ceT'tifies that it does not and will not neintain or provide for its e=loyees any segregated K-6 I facilities at any of its establishm"*�ts, and that it does not and will not permit its employee s to p°..rfoar 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 certifications 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 Certificate of -Nonsegregated Facilities must be submitted before the award of a subcontract under which the- subcontractor will be subject to the Equal Opportunity clause. This certification may be submitted either for each subcontract or .for all subcontracts 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. R 7-2003.14(b) (1) (A) 1970 AUG) (R1-12.803-10(d) FAR 52.222-21 K.9 C'TFAN AIR AND 'DER =IFI=10N (APR 1984) : The offeror certifies that: a. Any facility to be used in the performance of this proposed contract is , is not listed on the Environmental Protection Agency List of Violating Facilities; b. The Offeror will j*�ately notify the Contracting Officer, before award, of the receipt of any ion from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the Offeror proposes to use for the performance of the contract is under consideration to be listed on the Env==mntal Protection Agency ' 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 ssbcontract. (AV 7-2003.71 1977 JUN) (AV 1-1 =03.1) 1M 52.223-1 K-7 K.10 PREVIOUS Cnh'It Z=S AND COP2LT2 = (_AIR 1984) The offeror represents that: (a) It has, has not patti.ci.Pated in a Previous contract or subcontract subject either to the Equal Ctport-u ;ty .1..z of this sol- icitation, the clause originally contained in Section 310 of Mcecutive Order No. 10925, or the clause contains in Section 201 of Fycecutive Order No. 11114; (b) It has, has not, filed aIi ram,;*ed amnliance recorts; and (c) Representations indicating eating s3b0ission of ze4u Ted qapli ance reports, signed by ProPosed subcontractors, will be.obtained before sltbontract awards- (R 7-2003.24 (b) (1) (B) 1973 A,-DR) FAR 52.222-22 K.11 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE (JUL 1990) FAR 52.223-5 (a) Definitions. As used in this provision, "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 ahy other Contractor employee who has other than minimaL impact or involvement in contract performance. , "Individual" means an offeror/contractor that has no more than one employee incLuding the offeror/contractor. (b) 6y submission of its offer, the offeror, if other than an individual, who is making an offer that equals or exceeds S25,000, certifies and agrees that, with respect to all employees of the offeror to be employed under a contract resulting from this solicitation, it wiLL- no Later than 30 calendar days after contract award (unless a Longer period is agreed to in writing), for contracts of 30 caLendar.days or more per- K-8 formance duration, or as soon as possible for contracts of Less than 30 calendar days performance duration; but iri-any case, by a date prior to when performance is expected to be completed— (1) Publish a statement notifying such 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 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 druc abuse violations occurring in the workplace; (3) Provide aLL employees engaged in performance of the contract with a copy o.f the statement required ty subparagraph (b) (1) of this provision; (4) Notify such employees in writing in the statement required by subparagraph (b) (1) of this provision that, as 'a condition of continued employment on the contract resulting from this solicitation, the employee w i L L— (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 calendar days after such conviction; (5) Notify the Contracting Officer in writing within 10 calendar days after receiving notice under subdivision (b) (4) (ii) of this provision, from an employee or otherwise receiving actual notice of such conviction. The notice shaLL include the position title of the employee; and (6) Within 30 calendar days after receiving notice under subdivision Cb) (4) (ii) of this provision 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) Take appropriate personnel act ion 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 purpose by a Federal, State, or local health, Law enforcement, or other appropriate agency. (7) Make a good faith effort to maintain a drug—free workplace through implementation of subparagraphs (b)(1) through (b) (6) of this provision. K-9 (c) By submission of its offer, the offeror, if an: individual who is making an offer of any dollar value, certifies and agrees that the offeror will not engage in the unlawful. manufacture, distribution, dispensing, possession, or use a controlled substance in the performance of the con— tract resulting from this solicitation. (d) Failure of the offeror to provide the certification required by paragraphs (b) or (c) of this provision, renders the offeror unqualified and ineligible for award. (See FAR 9.104-1 (g) and 19.602-1 (a) (2) (i).) (e) In -addition to other remedies available to the Government, the certification in paragraphs (b) or (c) of this provision concerns a matter within the jurisdiction of 'an agency of the United States and the making of a false, fictious, or •fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001 . Signature Date K-10 K.12 SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS COMPETITIVENESS DEPIONSTRATION PROGRAM CJAN 1991) Ca) 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. Cb) CCompLete cnLy if the Offeror has certified itself under the clause at 52.219-1 as a small business concern ender the size standards of this solicitation.) The Offeror represents and certifies as part of its offer that it is, is not an emerging small business. (c) CCompLete only if the Offeror is a s.�aall business or an emerginc small business, indicating its size ranee.) Offeror's number of .employees for the past 12 months (check this column if Size Standard Stated in solicitation is exprEss2d in terms of number e-" empLoyees) or Offeror's averace annLP L cross revenue for the Last 3 fiscal years (check tshis column if size Standard state in solicitation i3 expressed in terms of annuEL receipts). (Check one of the foLLowinc.) V0.Ci7arZIeY= 50 or f w= S l minion or I= 51-100 S1,000,DOI-S2 mi-,HT on I01-2`a S':,000,00I-S3S mi.Iica S?,500,001-SS nMi0n 501-750 35,D00,001-S10 mmion 751-1,000 S10,000,001-S17 m0ca Ovc I,D00 Ov=S17 mit?ioa (rid ofprovion) K.13 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (DEC 1991) (DFAR 52.204-7001) (a) The Offeror is requested to enter its CAGE ccde cn 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 B 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 DL•SC;,•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) K-11 REQUEST FOR ASSIGNMENT OF A COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE FOM.Aporoved (See►nsrrucryons on Reverse) OMB No. 0704.C; Exp.Da n SECTION A - TO BE COMPLETED BY INITIATOR I. REOUESTING GOVERNMENT AGENCY/ACTIVITY a NAME b. ADDRESS (Street,Ciry,State andZip Code) 2. TYPE CODE REQUESTED (X one) 3. EXCEPTION CODES a. FSCM a. CAO b. MILSCAP b. ADP 4• INITIATOR a TYPED NAME (LasT,First,Middle initial) b. OFFICE SYMBOL C. SIGNATURE d. TELEPHONE SECTION B-TO BE COMPLETED BY FIRM TO BE CODED I. FIRM a. NAME Ondude Branch of,Division of,etc) b. ADDRESS (Street Ciry,State and Zip Code) C. CAGE CODE (If prev►ously assigned) 2. 1F FIRM PREVIOUSLY OPERATED UNDER OTHER NAMES) OR OTHER ADDRESSES) SPECIFY THE PREVIOUS NAME(S) AND/OR ADpRESS(ES) 3 a appGia6OMPANY AND AFFILIATED FIRMS (Xone,anocompiel (Use separate sheer of paper,if necessary) a NONE b. CURRENTLY AFFILIATED WITH OTHER FIRMS (Listname(s) and address(es)ofsuch Firms on a separate sheet of -j C. PREVIOUSLY AFFILIATED WITH OTHER FIRMS (Lis (s; 4. PRIMARY BUSINESS CATEGORY (X one) andaddrem(es)ofsuch firms on a separate sheet S. DISADVANTAGED SMALL BUSINESS STATUS 17. . NUMBER OF EMPLOYEES a MANUFACTURER (Xone) lb DEALER/DISTRIBUTOR I a. APPROVED BY SMALL BUSINESS AD&4INIS- WOMAN OWNED BUSINESS (Xone) C. CONSTRUCTION FIRM TR.XTION (SBA) FOR SECTION B(a) PROGRAM d. SERVICE COMPANY I a. YES b. NO b. OTHER DISADVANTAGED SMALL BUSINESS B. STANDARD INDUSTRIAL CI ASSIFICATI (e SALES OFFICE FIRM 01 f. OTHER (Specify) (SIC) CODE(S) C. NOT DISADVANTAGED SMALL BUSINESS a. PRIMARY FIRM 9. REMARKS b. OTHER (Soecifv) 10. FIRM OFFICIAL a. TYPED NAME (Lisr.'Firsimididleinman b. DATE SIGNED C. I NA URF (?'YMMDD) C. NE HO DO Fcr" 2051. DEC SS INSTRUCTIONS FOR COMPLETING DD FORM 2051 GENERAL NOTE FOR PERSONNEL PREPARING OR PROCESSING THIS REPORT Coding must be as indicated in the instructions. In cases where specific coding instructions are provided, reference must be made to.the Department of Defense Manual for Standard Data Elements, DoD S000.12-M. Noncompliance with either the coding instructions contained herein or those published in referenced manual will make the orrltem2: anization which fails to comply responsible. for required concessions in data base communication. SPECIFIC INSTRUCTIONS A-TO BE COMPLETED BY THE INITIATING GOVERNMENT ACTIVITY SECTION B-(Continued) elf-explanatory. Item 4: Self-explanatory. ark the type code being requested. Item 5: A disadvantaged business firm defined as a firm that is 51%,or more, owned, controlled, Federal Supply Code for Manufacturers and operated by a persons) who is socially SCM) five position all numeric code (e.g., and economically disadvantaged. -Control- 12345) which is used in the Federal Catalog led is defined as exercising the power to System to identify a certain facility at a specific make policy decisions. 'Operated' is defined location which is a possible source for the as actively involved in the day-today manufacture and/or design control of items management of the firm. cataloged by the Federal Government; or, Item 6: Enter the number of employees. This number 2b: A MILSCAP code of five positions (e.g., IA367). should include the employees of all affiliates. These are assigned to contractors which are hem 7: A woman-owned business is defined as a firm nonmanufacturers or are manufacturers not that is 51%,or more, owned, controlled, and qualifying for inclusion in the Federsai Catalog operated by a woman or women. 'Con- System. trolled' and 'Operated' are as defined in Item S. Item 3: If applicable, enter the exception OoD Activity Address Code for the Servicing Contract Ad- 'hem 8: The SIC Code is a Government Index used to ministration Office (CAO)or ADP point, identify business activity and indicates the function (manufacturer, wholesaler, retailer, or.service) and the line of business in which Item 4: Self-explanatory. the company is engaged. If multiple SIC Codes, indicate the primary first, next important,etc. SECTION B - TO BE COMPLETED BY THE FIRM TO ; WHICH THE CODE WILL BE ASSIGNED Items 9 and 10: Self-explanatory. r F F Items la and 1 b: Self-explanatory. NOTE: When any future changes are made to the coded facility; i.e., name change, location Item 1c: If a CAGE Code (FSCM or MILSCAP) was change, business sold or operations discon- previously assigned, enter it in this block. tinued, etc., written notification stating the appropriate change should be sent to: Item 2: Self-explanatory. Commander Defense Logistics Services Center item 3: If a block other than 'None' is marked, ATTN: DLSC-CGC identify the Parent company by a (P) beside ' Federal Center the firm name. Battle Creek, MI 49016 OD Form 2051 Reverse. DEC 85 K-13 R-14 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY NOV i2_9_01 FAR 52.203-8 (a) Definitions. The definitions at FAR 3.104-4 are hereby incorporated in this provision. (b) Certifications. As required in paragraph (c) of this provision, the officer or employee responsible for this offer shall execute the following certification: CERT--TFICATE OF PROCUREMENT INTEGRITY ( I,; [Name of certifier] , am the officer or employee responsible for the preparation of this offer and hereby certify that, to the best of my knowledge and belief, with the exception of -any information described in this certificate, I have no information concerning a violation or possible violation of subsection 27 (a) , (b) , (d) , or (f) of the Office of Federal Procurement Policy Act, as amended* (41 U.S.C. 423) , (hereinafter referred to as "the Act") , as implemented in the FAR, occurring during the conduct of this procurement (solicitation number) . (2) As required by subsection 27 (e) (1) (B) of the Act, I further certify- that, to the best of my knowledge and belief, each officer, employee, agent, representative, and consultant of [Name of Offeror) who has participated personally and substantially in the preparation or submission of this offer has certified that he or she is familiar with, and will comply with, the requirements of subsection 27.(a) of the Act, as implemented in the FAR, and will report immediately to me any information concerning a violation or possible violation of subsections 27 (a) , (b) , (d) , or (f) of the Act, as implemented in the FAR, pertaining to this procurement. (3) Violations or possible violations: (Continue on plain bond paper if necessary and label Certificate of Procurement Integrity (Continuation Sheet) , ENTER NONE IF NONE EXIST (4) I agree that, if awarded a contract under this K-'14 solicitation, the certifications required bX subsection 27 (e) (1) (B) of the Act shall be maintained In accordance with paragraph (f) of this provision. [ signature of the officer or employee responsible for the offer and date] [ Typed name of the officer or employee responsible for the offer] *Subsections 27(a) , (b) , and (d) are effective on December i, 1990. Subsection 27 (f) is effective on June 1, 1991. Regarding this Certificate of Procurement Integrity, required by FAR 52.203-8, the certification must be executed by an individual having the authority to bind the bidder at the time of bid opening. Where there is no evidence that the individual signing the certificate is authorized to bind the company the bid may be rejected. THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER' THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001. (End of Certification) K-15 (c) (1) For procurements using sealed bidding procedures, the signed certifications shall be submitted by each'bidder with the bid submission except for Pr== mts using two-step sealed bidding procedure (see Subpart For those procurements, the certifications shall be submitted with submission of the step two sealed bids. A certificate is not required for defilte delivery contracts. (see Subpart 16.5) unless the total estimated value of all orders eventually to be placed under the contract is expected to exceed $100,000. (2) For contracts and contract modifications which include options, a certificate is required when the aggregate value of the contract or contract modification and all options (see 3.104-4(e)) exceeds $100,000. (3) Failure of a bidder to submit the signed certificate with its bid shall render the bid nonresponsive. (d) Pursuant to FAR 3.104-9(d) , the Offeror may be requested to execute additional certifications at the request of the Government. Failure of an Offeror to submit the additional certifications shall cause its offer to be rejected. (e) A certification containing a disclosure of. a violation or possible violation will not necessarily.result in the withholding of award under this solicitation. However, the Govemmient, after evaluation of the disclosure, may cancel this procurement or take any other appropriate actions in the interest of the Gover"ent, such as disqualification of the offeror. (f) In making the certification in paragraph (2) of the certificate, the officer or employee of the corseting contractor responsible for the offer may rely upon a one-tine certification f m each individual required to subRut a certification to the corrrpeting contractor supplemented by periodic training. , These certifications shall be obtained at the earliest possible date after an individual ram,;re to certify begs mPl� t or association with the Contractor. If a contractor decides to rely on a certification executed prior to the suspension of section 27 (i.e. , prior to December 1, 1989) , the Contractor shall ensure that an ,nd dual who has so certified is notified that section 27 has been reinstated. These certifications shall be maintained by the Contractor for 6 years from the date a certifying empl ee's ends or, for an agent" oy �1°yment with the company representative, or consultant, 6 years from the date such individual ceases to act cn behalf of the Contractor. (9) Certifications under paragraphs (b) and (d) of this provision are -material�tactepresentations of fact upon which reliance will be placed in awarding (End of provision) K-16 K.IS CERTIFICATION REGARDING DEBARMENT SUSP^ DEBARMENT AND OThER RESPO.. ENSION PROPOSED CFAR 52.209-5� LITY MATTERS MAY 1989) (a) (1) The Offeror certifies,ledge and belief, that- to the best of its know- (i) The Offeror and/or any of its Principals-- Proposed (A) for Are debarmee not (d) Presently debarred, suspended, Of contracts b ed ineligible for the award (B) Havey any agency; ( ). have not ( ) , within a 3-year period preceding this offer, been convicted of or had a civil judgment rendered against them for commission of fraud criminal or a 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, destruction of records, making bfalse ystatementCaor�receivinc n or stolen property; and (C) Are ( ) are not wise Criminally or civilly chargedPresently indicted for, other- with commission of civilly b y a governmental entity division y of the offenses enumerated in sub- (a) (1) (i) (B) of this provision. (ii) The Offeror has ( ) has not. . ( ) , wit Period preceding this offer, within a 3-year terminated for default b had one or more contracts (2) "Principals, ,, y any Federal agency. means officers; directors; Owners;Purpose of this certification having primary management of and, persons within a business. entity supervisory responsibilities manager, head of a subsidia_g• � ' general manager, plant and similar positions) . '�'' division, or business segment, _ This certification concerns a matter within the jurisdiction of an agency of the United States and the making e a false, f ictitious, 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 award, the Off eror learns that its certification was contact erroneous by reason of changed circumstances. (c) A certification that an _ graph (a) of this provision exists will the tlnecessarilya 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 Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. K-17 (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 infor- mation 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 (b) of this pro- vision 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 form this solicitation for default. (End of provision) K-18 K.16 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT THAT SUPPORTS TERRORISM(DEC 1991) (a) Definitions. (1) "Significant interest,"as used in this provision,means— (i) Ownership of or beneficial interest in five percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding five 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, (ti) 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 ten percent or more of the assets of a firm such as equipment, buildings,real estate,or other tangible assets of the firm; or (v) HoIding 50 percent or more of the indebtedness of a firm. (2) "Government,"as used in this provision,includes any agent or instrumentality of that government. (b) Disclosure. The Offeror shall disclose any significant interest the government of each of the following countries has in the Offeror or a subsidiary of the Offeror. If the Offeror is a subsidiary,it shall also disclose any significant interest each government has in any firm that owns or controls the subsidiary. If none,leave blank. Country Significant.Interest (1) Cuba (2) Iran (3) Iraq (4) Libya (5) North Korea (6) Syr (End of provision) K-19 K.17 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991) (FAR 52.203-117 (a) The definitions and prohibitions contained in the clause, at FAR 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 his 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; C2) If any funds other than Federal appropriated funds (intLuding 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 C3) He or she will include the Language of this certification in all subcontract awards at any tier and require that aLL recipients 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) K-20 DISCLOSURc OF LOBBYING ACTIi/ITIF.S Approved byOJ.0 a34s-0046 Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 (Ste reverse for public burden disclosure.) 1. Type of Federal Action: 2, Status of Federal Action' 3- Report Type: 1:1a. contrail ❑ a-. bid'offeriapplication a. initial filing b, Sit b. initial award b. material change c- cooperative agreement d. loan a post-award For Material Change Or•'y: e. loan guarantee year quarter f. loan insurance date of last report. 4. Name and Address of Reporting Entity: 5, If Reporting Entity in No. 4 is Subawardm Etter Name ❑ Prime ❑ Subawardee and Address of Prime-- Tier ,if)crown: Congressional District,if known: Congressional District if known: 6. • Federal DepartmenUAgencr. 7. Federal Program Narne!Description: C—j DA Number,if applicabie: 3. FederaI Action Number, if known: 9, Awaid Amount.if known: S 10. a. Name and Address of Lobbying Enut1' b. individuals Prrforming Services lincl ding address if (if individual,last name, first name,r !): different from No. 70a) (last name,first name.Mf.J: faftach Condntt =on Sheet(r)SF-+1!-A if nreessan) 11. Amount of Payment(check all that apply): M Type of Payment(check al1 that analy): S ❑ actual ❑ planned ❑ a. retainer ❑ b. one-time fee 12 Form of Payment (check all that apply): ❑ t:. commission ❑ a. cash ❑ d. contingent fee ❑ b. in-kind.specify: nature ❑ e. deferred value ❑ f. other,speciiy: 14. Brief Description of Services Performed or to be Performed and Dates) of Service,including officer(s). employer(s), or Member(s) contacted for Payment fndtcated in Item 11: ' fathti Cor-tinwdon Sheet(s)SF-LLL-A Wrt-cessan) IS. Continuation Sheet(s)SF-LLL-A attached: - ❑ Yes ❑ No 76. i.iorrnaeion tae{tr.sted through this Jones is authorised by bde 31 U.S.C. Section 1352-Thin dr+c 6wOR of bbbrw.=acti.:t:n:s a rw AmW npr.tr.rution Sig=turr.. of Let upo Jrch tenancy .nn PL+eed b7 the tier abo.*rahe.r tls:s bamaction was made or."and into.This dkcivtura is regrired purvsant to Print Name: rt U.I.C. US2. This idoen.uten -4 he wrV* to dw ennp.n t.rwi• an...14 and-4 b.amiable Am P, ' ir.rp---A-r P---dro has to Fite the r.0uued dihcknw.Shea b.subject to a c*Q pmWrf d not Jess day. stnow and not a.ore That.3zMaw for each such Laurw Telephone No: Date: jzx ..,i:; Y•�r."•.,. ira.R_• !t:;>a�....�'�,:.``".•.1:�:�w.; +�t._�:r;�.:;r � .. .::;:;FedCs�><3'SC ....: :•-,....: '�. � yes.--.>•�. .,.,..?.t.. AstL%oe{mod for Local •ow •-•• ';:�:i::9.'..•_`ia�:�':.-_�;.,•.. -%.mat' H;:.,c..�?'=`Y�.•...�..r.-��".-n:-:�a�•:er!�;-�` `.«�+•�r,::;.•.i;.:tier.- Randaad fwstt-lSl K-21 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACFIVi FS This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at th initiation or receipt of a covered Federal action, or a material change to a previous riling, pursuant to title 31 U.S.0 section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity fc 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 covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal anion for which lobbying aetnity is andlor has been secured to influence the -outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identity the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this coveree Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known.Check the appropriate'dzssification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. S. If the organization filing the report in item 4 checks "Subawardee",then enter the full name,address, qit)•, state and' zip code of the prime Federal recipient.Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name,if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan. commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (iFB) number, grant announcement number, the contract, grant, or loan award number, the appiicatioNproposal control nu:.ber assigned by the Fedeal agency). Include prefixes,e.g.,"RFP-DE-90-001" 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardlloan commitment for the prime entity identified in item 4 or S. 10. (a)Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individuals) performing services, and include full address if different from 10 (a). Enter Last Name, First Name,and Middle Initial(Mi). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity(item 10). indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material charge report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is-made through an in-kind contribution, specify the natum and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform,and the date(s) of any services rendered.Include all preparatory and related activity, not just time spent in actual contact with Federal .officials. Identify the Federal offidai(s) or employee(s) contacted or the officer(s), empioyee(s),or Member(s)of Congress that were contacted. 15. Check whether or not a SF-LLL-A Continuation Sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name,title,and telephone number. Public reporting burden for this collection of information is estimated to average 30 mintues per response.including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of i information.Send comments regarding the burden estimate or any other aspect of this collection of information.including suggestions for reducing this burden,to the Office of Management and Budget.Paperwork Reduction Project(0348-0046),Washington.D.C.20503. K—.2 2 DISCLOSURE OF LOBBYING ACTIVITIES aclA. CONTINUATION SHEET Repotting Entitr Page of Myriad for toot 2"mWeal" S&wW rd Fwm-tit.. K-23 K.IS NOTICE OF- RESTRICTIONS ON CONTRACTING WIMH SANCTIONED PERSONS MAY 1989 FAR 52 .225-12 -(a) Statutory prohibitions have been imposed on contracting with sanctioned persons, as specified in Federal Acquisition Regulation (FAR) 52.225-12, Restrictions on Contracting with Sanctioned Persons. (b) By submission of this offer, the Offeror represents that no products or services, except those listed in this paragraph (b) , delivered to the Government under any contract resulting from this solicitation will be products or services of a sanctioned person, as defined in the clause referenced in paragraph (a) of this provision, unless nne of the exceptions in paragraph (d) of the clause at FFR 52.225-12 applies. Product or Service Sanctioned Person (List as necessary) K. 19 CERTIFICATION. 0014CERNING SECONDARY BOYCOTT OF ISRAEL By submission of its bid, the bidder, if a foreign person, company, or entity, certifies that it does not comply with the secondary Arab boycott of Israel. K-24 SECTION L INSTRUCTIONS TO BIDDERS PARA INDEX PAGE 1 Sealed Bids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-1 2 Solicitation Definitions - Sealed Bidding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-1 3 False Statements in Bids. . . . . . . . . . . . . . . . . . . . . . . . . . . L-1 4 Preparation of Bids - Construction. . . . . . . . . . . . . . . . . . L-2 5 Data Universal Numbering System (Duns) NumberReporting. . . . . . . . o — . . . . . . . . . . . . . . . . . . . . . L-2 6 Minimum Acceptance Period. . . . . . . . . . . . . — . . . . . . . . . . . L-2 7 No Bid. . . . . . . . o . . . . o . . . o . . . . . o . L-3 8 Explanation to Prospective Bidders. . . . . . . . . . . . . . L-3 9 Modifications Prior to Date Set For Opening Bids. . . . L-3 10 Amendments To Invitations For Bids. . . . . . . . . . . . . . . . . . L-3 11 Submission of Bids. . . . . L-4 12 Late Submission, Modifications and Withdrawals of Bids. . . . . . . . . L-4 13 Arithmetic Discrepancies. . . . . . . . . — 000 . . . . . . . . . . . . . L-5 14 Inspection of the Site. . . . . . . . . . . . . . . . . . . o . . . . . . . . . . L-6 15 Contract Execution. . . . . . . . . . . . . . . . . . . . . . . . . . L-6 16 Composition of Contractor. . . . . . . . . . . . . . . . . . . . . . . . . . . L-6 17 . Bid Bonds, Performance, & Payment Bonds. . . . . . . . . . . . . L-6 18 Special Instructions Regarding Individual Sureties. . L-7 19 Notice of Small Disadvantaged Business Set-Aside. . . . L-8 20 Small Business Size Standard (DODISS) . . . . . . . . . . . . . . . L-9 21 Standard Industrial Classification. . . . . . . : . o . . . o . — L-9 22 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity. . . — . . . . . L-9 23 Plans and Specifications. . . . . . . . L-10 24 Availability of Specifications Listed in the DOD Index of Specifications and Standards. . . . . . . . . . . . . . L-10 25 Priorities, Allocations, and Allotments. . . . . . . . . . . . . L-11 26 Equipment Ownership and Operating. Expense Schedule. . L-11 27 Wage Rate Determination. . . . . . . . . . . . . . o . . . . . . o L-12 28 Synonymous Terms. . . . . . - - . . . . L-12 29 Evidence of Authority to Sign Bids. . . . . . . . . . . . . . . . o . L-13 30 Service of Protest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-13 31 Manufacturers' Names. . . . . . . . . . . . . . . L-13 32 Notice of. Labor Surplus Area Obligation. . . . . . . . . . . . . L-13 33 Notice of Subject to Availability of Funds. . . . . . . . . . L-13 34 Entry Check. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-13 35 Eligibility of Bidder. . . . . . . . . . . . — . . . o — . . . . . . . . . 1=13 36 Harbor Maintenance Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L-14 37 Contractor Business Integrity & Ethics. . . . . . o . . . o . . . L-14 38 Order of Precedence - Sealed Bidding. . . . . . . . . o — . . . L-14 39 Right to Seek SBA Determination of Responsibility. . . L-14 L SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS LL INSTRUCTIONS TO BIDDERS 1. BID SUBMISSIONS ADDRESS Sealed bids in duplicate for the work described herein will be received and publicly opened at 11:00 a.m. , local time at the place of bid opening on February 28. 1994, Room 2038, 20th floor, U S Corps of Engineers. Bids Submitted By Hand shall be delivered to the New York District office, Corps of Engineers, Jacob Javits Federal Building, 26 Federal Plaza, New York, N.Y. Deliver bids to the Contract Preparation Section, Contracting Division, Room 1843. Bids delivered during the fifteen minute period immediately preceding the time stated for bid opening shall be delivered to the Bid Opening Room, Room 2038 on the 20th floor. (Due to increased security at the Federal Building, bidders should allow additional time for entry check. ) BIDS SUBMITTED BY MAIL shall be addressed to the New York District Office addressed as follows: New York District, Corps of Engineers Contract Preparation Section, Contracting Division Federal Building, 26 Federal Plaza New York, N.Y. 10278-0090 Attention: Chief, Contracting Division, Room 1843 2. SOLICITATION DEFINITIONS (FORMAL ADVERTISING) (JUL 1987) "Offer" means "bid" in sealed bidding. "Solicitation" means an invitation for bids in sealed bidding. (R SF 33A, Para 1, 1978 JAN) FAR 52.214-01 "Government" Means United States Government. (FAR 52.214-1) 3. FALSE STATEMENTS IN BIDS (APR 1984) Bidders must -provide full, accurate, and complete information. as requested by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C.1001. (FAR 52.214-04) Bidders are reauired to complete the Representations and Certifications (Section R) and submit them with their bids. L-1 4. PREPARATION OF BIDS - CONSTRUCTION (APR 1984) a. Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any form. b. The bid form may require bidders to submit bid prices for one or more of the following items: (1) Lump sum bidding; (2) Alternate prices; (3) Units of Construction; or (4) Any combination of subparagraphs (1) through (3) above. C. If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted. d. Alternate bids will not be considered unless this solicitation authorizes their submission. (R SF 22, Para. 5, 1978 FEB) (FAR 52.214-18) S. DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER REPORTING . (DEC 1980) . On Form 1442, in the block with its name and address, the offeror should supply the Data Universal Numbering Systems (DUNS) Number applicable to that name and address. The DUNS Number should be preceded by "DUNS: ". If the offeror does not have a DUNS Number, it may obtain one from any Dun and Bradstreet branch office. No offeror should delay the submission of its offer pending receipt of its DUNS Number. (DOD FAR Supplement 52.204-7004) 6. MINIMUM BID ACCEPTANCE PERIOD (APR 1984) a. "Acceptance period", as used in this provision, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of bids. b. This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation. c. The Government requires a minimum acceptance period as specified in Item 13D of Standard Form 1442. d. In the space provided in Item 17 of Standard Form 1442, bidders may specify a longer acceptance period than the Government's minimum requirement. L-2 e. A bid allowing less than the Government's minimum acceptance period will be rejected. f. The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that bid is accepted in writing within (1) the acceptance period stated in paragraph c above or (2) any longer acceptance period stated in paragraph d above. (FAR 52.214-16) 7. NO BID In the event no bid is to be submitted, do not return the Invitation; however, a letter or post card should be sent to the issuing office advising whether future Invitations for the type of services covered by this Invitation are desired. 8. EXPLANATION TO PROSPECTIVE BIDDERS (APR 1884) Any prospective bidder desiring an explanation or interpretation of the Solicitation, drawings, specifications etc. , must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract .will not be binding. Any information given to a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders. (FAR 52.214-06) 9. MODIFICATIONS PRIOR TO DATE SET FOR OPENING BIDS The right is reserved, as the interest of the Government may require, to revise or amend the specifications or drawings, or both, prior to the date set for opening bids. Such revisions and amendments, if any, will be announced by an amendment or amendments to this Invitation for Bids. Copies of such amendments as may be issued will be furnished to all prospective bidders. If the revisions and amendments are of a nature which requires material changes in quantities or prices bid or both, the date set for opening . bids may be postponed by such number of days as in the opinion. of the District Engineer will enable bidders to revise their bids. In such case, the amendment will include an announcement of the new date for opening bids. 10. AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989) a. If this solicitation is amended, then all terms and conditions which are not modified remain unchanged. b. Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, L-3 (2) by identifying the amendment number and date in space provided for this purpose on the form for submitting a bid, (3) by letter or telegram, or (4) by facsimile, if facsimile bids are authorized in the- solicitation. The Government must receive the acknowledgment by the time and at the place specified for receipt of bids. (FAR 52.214-3) 11. SUBMISSION OF BIDS (DEC 1989) a. Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time specified for receipt, the solicitation number, and the name and address of the bidder. b. Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be modified or withdrawn by written or telegraphic notices. C. Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation. (FAR 52.214-05) 12. LATE SUBMISSIONS, . MODIFICATIONS, AND WITHDRAWALS OF BIDS (DEC 1989) a. Any bid received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it - (1) was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of bids (e.g. , a bid submitted in response to a solicitation requiring receipt of bids by the 20th of the month must have been mailed by the 15th) ; or (2) was sent by mail or, if authorized by the solicitation, was .sent by telegram or via facsimile, and it is determined by the Government that the late receipt was due solely to mishandling by the Government after receipt at the Government installation; or (3) was sent by U.S. Postal Service Express Mail Next Day Service-Post Office To Addressee, not later than 5:00 P.M. at the place of mailing two working days prior to the date specified for receipt of bids. The term "working days" excludes weekends and U.S. Federal Holidays. b. Any modification or withdrawal of a bid is subject to the same conditions as in paragraph a. of this provision. C. The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent either by registered or certified mail is the U.S. or L-4 Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the bid, modification, or withdrawal shall be processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable, without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, bidders should request the postal clerks to place a hand cancellation bull's-eye postmark on both the receipt and the envelope or wrapper. d. The only acceptable. evidence to establish the time of receipt at the Government installation is the time/date stamp of that installation on the bid wrapper or other documentary evidence of receipt maintained by the installation. e. The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent by U.S. Postal Service Express Mail Next Day Service-Post Office Addressee is the date entered by the post office receiving clerk on the "Express Mail Next Day Service-Post Office to Addressee" label and the postmark on the envelope or wrapper and on the original receipt from the U.S. Postal Service. "Postmark has the same meaning as defined in paragraph c. of this provision, excluding postmarks of the Canadian Postal Service. Therefore, bidders should request the postal clerk to place a legible hand cancellation bull's-eye postmark on both the receipt and the envelope or wrapper. f. Notwithstanding paragraph a. of this provision, a late modification of an. , otherwise successful bid that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted. g. Bids may be withdrawn by written notice or telegram (including mailgram) received at any time before the exact time set for receipt of bids. If the solicitation authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision entitled "Facsimile Bids. " A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid. (FAR 52.214-7) 13. ARITHMETIC DISCREPANCIES 13. 1 For the purpose. of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the bidding schedule as L-5 submitted by the bidders: a. Obviously misplaced decimal points will be corrected; b. In case of discrepancy between unit price and extended price, the unit price will govern; C. Apparent errors in extension of unit prices will be corrected; and d. Apparent errors in addition of lump-sum extended prices will be corrected. 13.2 For the purpose of bid evaluation, the Government will proceed on the assumption that the bidder intends his bid to be evaluated on the basis of the unit prices, extensions, and totals arrived at by resolutions of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids. (ECI 2-201.71) 24. INSPECTION OF THE SITE Prospective bidders are invited to visit the site of the work in order to acquaint themselves as to site conditions and other problems incident to the prosecution of the work. Arrangements for inspection of the site shall be made through the office of the Area Engineer or District Office. IS. CONTRACT EXECUTION The bidder who is awarded the contract will be required to execute Construction Contract Standard Form 1442, and will be governed by the Contract Clauses. 16. COMPOSITION OF CONTRACTOR (JAN 1965) If the Contractor hereunder is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. (DOD FAR Supplement 52.236-7000) 17. BID BONDS, PERFORMANCE & PAYMENT BONDS NOTE: These bonds are not required when the bid is $25,000 or less. 17.1 Bid Bonds. Each bidder shall submit with this bid a Bid Bond (Standard Form 24) with good sufficient surety or sureties acceptable to the Government, or other security in the amount of twenty percent (20%) of the bid price or $3, 000, 000 whichever is less. The bid bond penalty may be expressed in terms of a percentage of the bid price or may be expressed in dollars and cents. (FAR 28.101) 17.2 Performance and Payment Bonds. Performance and Payment L-6 Bonds. Within five days after the prescribed forms are presented to the bidder to whom award is made for signature; a written contract on the form prescribed by the specifications shall be executed and two bonds, each with good and sufficient surety or sureties acceptable to the Government, furnished; namely a performance bond (Standard Form 25) and a' payment bond (Standard Form 25A) . The penal sums of such bonds will be as follows: 17.2.1 Performance Bond. The penal sum of the performance bond shall equal 100 percent (100%) of the contract price. The performance bond shall specifically provide coverage for taxes imposed by the United States which are collected, deducted, or withheld from wages paid by the Contractor in carrying out the contract with respect to which such bond is furnished. (FAR 28.102-2a) 17.2.2 Payment Bond. (FAR 28.102-2b) 17.2.2.1 When the Contract price is $1,000,000 or less, the penal sum shall be fifty percent (50%) of the contract price. 17.2.2.2 When the Contract price is in excess of $1,Q00,000 but not more than $5,000,000 the penal sum shall be forty percent (40%) of the contract price. 17.2.2.3 When the , Contract price is more than $5, 000, 000 the penal sum shall be $2,500,000. 17.3 Any bonds furnished will be furnished by the Contractor to the Government prior to commencement of contract performance. 17.4 Where a surety company is used as a surety on any bonds which may be required hereunder or under the contract, such surety company must be a corporation authorized by the United States Secretary of the Treasury to act as surety. The list of corporations authorized is contained in Treasury Department Circular 570 entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds And .As Acceptable Reinsuring Companies", -edition current on the date of this Invitation For Bids. . A copy of said Treasury Department Circular 570 is available for inspection at New York District. Corps of Engineers, Federal Building, 26 Federal Plaza, New York, New York 10278-0090. Information as to the inclusion of any corporation in the aforesaid list may be obtained by writing to the District Engineer at the above address. 18. SPECIAL INSTRUCTIONS REGARDING INDIVIDUAL SURETIES a. In accordance with Instructions to Bidders, L.17, individual sureties may be used to guarantee bid bonds and performance and payment bonds provided pursuant to this L-7 solicitation. b. The SF 28, Affidavit of Individual Surety, must be completed strictly in accordance with the instructions on the form. All other outstanding bonds on which the individual is a surety, regardless of weather they are bid bonds or performance or payment bonds, or whether only the contract warranty period remains, must be reported. Failure to report all outstanding bonds may constitute grounds for rejection of the bid due to nonresponsibility of the surety. C. All real property reported on the affidavit must be accompanied by current evidence of ownership by the surety and a current appraisal. Current indicia of all mortgage and/or encumbrances must also be supplied. d. All other reported assets must be accompanied by current evidence of ownership, value, and encumbrances, . if any. The Contracting Officer reserves the right to exclude from consideration any assets which are deemed too speculative to appraise or draw upon or otherwise enforce a Government right against. e. Failure to provide adequate evidence of ownership, value and encumbrances may constitute grounds for rejection of the bid due to non-responsibility of the surety. f. The Contracting Officer will review any bonds and affidavits provided by individual sureties in accordance with agency procedures. 19. NOTICE OF TOTAL SMALL DISADVANTAGED BUSINESS SET-ASIDE (FEB 1988) NOT USED - THIS PROJECT IS OPEN TO ALL BIDDERS. 20. SMALL BUSINESS SIZE STANDARD For the purpose of this solicitation, a concern is considered small if the average annual receipts or the concern and its affiliates for the preceding three_ fiscal years, does not exceed $17.0 million. 21. STANDARD INDUSTRIAL CLASSIFICATION This procurement is classified "GENERAL CONTRACTOR - BUILDING. HEAVY and .HIGHWAY CONSTRUCTION. " SIC NO. 1629 22. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (APR 1984) a. The Offeror's attention is called to the Equal Opportunity clause and Affirmative Action Compliance Requirements for Construction Clause of this solicitation. L-8 b. The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade -on all construction work in the covered area, as follows: Goals for Minority Goals for Female Participation 5.8 Participation 6.9 for Each Trade for Each Trade These goals are applicable to all the. Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographic area located outside of the covered area, the Contractor shall apply the goals established for the geographic area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Compliance Programs. C. The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity Clause, (2) specific affirmative action obligation required by the clause entitled "Affirmative Action Compliance Requirements for Construction", and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or 'from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. d. The Contractor shall provide written notification to the Director, Office of Federal Contract Compliance Programs, within 10 working days following award of any construction subcontract in excess of $10,000 at anytime for construction work under the contract resulting from this . modification. The notification shall list the - (1) Name, address, and telephone number of the subcontractor; (2) Employer identification number of the subcontract; (3) Estimated dollar amount of the subcontract; (4) Estimated starting and completion dates of the subcontract; and (5) Geographic area in which the subcontract is to be performed. e. As used in this Notice, and in any contract resulting L-9 from this solicitation, the "covered areas" are Nassau and Suffolk Counties, NY. 23. PLANS AND SPECIFICATIONS Sets of full size drawings and of specifications will be furnished upon receipt of a payment of $30 per set. If individual full-size plan sheets are requested, they will be furnished at the rate of $0.75 for each sheet requested. Specifications maybe secured, without drawings at cost. No refund of payment will be made and the drawings and specifications need not be returned to the District Engineer. Payments must accompany requests and shall be in the form of cash, check, or money order. Checks and money orders shall be -made payable to "Treasurer of the United States". Prospective bidders may submit inquiries by writing or calling (collect calls not accepted) . Telephone inquiries relating to this procurement should be directed as follows: NEW YORR DISTRICT, CORPS OF ENGINEERS: Procurement of Plans, Specifications, and Prospective Bidders ' List: Contracting Division. (212) 264-9003/4874 Technical Questions on Plans and Specifications: Mr. S. Michalowski. . . . . . . . (212) 264-9030 The bidder's attention is directed' to Section H, paragraph H- 5, entitled "CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS", which states in part that copies of plans and specifications requested by the Contractor (in excess of those copies furnished without charge) will be furnished at the cost of reproduction. The bidder is alerted that such cost may not be the same as that stated above for plans and specifications. 24. AVAILABILITY OF SPECIFICATIONS LISTED IN THE DOD INDEX OF SPECIFICATIONS AND STANDARDS (DODISS) (APR 1984) (FAR 52.210-2) Single copies of specifications cited in this solicitation may be obtained by submitting written request to the supply point listed below. The request must contain the title of the specifications, its number, date, applicable amendment(s) , and the solicitation or contract number. In case of urgency, telephone or telegraphic requests are acceptable. Voluntary standards, which are not available to offerors and contractors from Government sources, may be obtained from the organization responsible for their preparation, maintenance, or publication. (FAR 52.210-01) L-10 NAVAL PUBLISHING AND PRINTING CENTER 4th Naval District Building 4, Sec. D 700 Robbins Avenue Philadelphia, PA 19111-5094 TELEPHONE NUMBER,. . . . . . . . . (215) 697-3321 FAX Number: (215) 697-2978 25. PRIORITIES, ALLOCATIONS, AND ALLOTMENTS (APR 1984) The contractor shall follow the provisions of Defense Materials System Regulation 1 or Defense Priorities System Regulation 1 (see 32A CFR 621-662) and all other applicable regulations and orders ' of the Office of Industrial Resource Administration, Department of Commerce, in obtaining controlled materials and other products and materials needed to fill this order. (FAR 52.212-8)' 25.1 Priority Ratings: DO-C2 certified for National Defense use under DMS Regulation 1 will be assigned to contract awarded to this INVITATION FOR BIDS. 26. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE The following paragraph shall be used for all construction contracts exceeding $25,000: "Equipment Ownership and Operating Expense Schedule: Whenever a contract or modification of contract price is negotiated, the Contractor's cost proposals for equipment ownership and operating expenses shall be determined in accordance with the requirements of paragraph H.16 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE in the Special Contract Requirements section of the specifications. A copy of EP 1110-1-8 "Construction Equipment Ownership and Operating Expense Schedule" can be ordered from the Government Printing Office by calling Tel. No. (202) 783-3238. There is a charge for this manual. " 27. WAGE RATE DETERMINATION a. The minimum wages, which in addition to basic hourly rate of pay include fringe benefit payments to be paid to the laborers and mechanics on this project pursuant to the clause #27 entitled "Davis-Bacon Act" of the Contract Clauses, as determined by the Secretary of Labor to prevail for corresponding classes of laborers and mechanics employed on project similar in character, to the contract work in pertinent locality, are set forth in the attached Wage Rate Determination. In addition to wage rates set forth in this invitation for bid, the complete decision of the Secretary of Labor contains wage rates for other classes of laborers and mechanics. Because it does not appear that the work called for by this invitation for bid will require the use of such other classes, the wage rates applicable to them have not L-11 been reprinted herein. However, in the event any such classes of laborers or mechanics actually are employed to perform work under the contract resulting from this invitation for bid, payment will be required as specified in the clause entitled, "Davis-Bacon Act" at wage rates contained in the complete decision of the Secretary of Labor. Bidders desiring the complete decision may request it from the Contracting Officer and/or his Representative. b. Work performed by subcontractor officers or owners or by superintendents. When officers or owners of a subcontractor perform the work of laborers or mechanics, the prime contractor must pay them weekly at aerate not less than the applicable prevailing wage for the hours worked in the specified classification and list them on his certified payroll records. When superintendents perform work of laborers or mechanics, their employer must pay them weekly at a rate not less than the applicable prevailing wage for the hours worked in the specific classification and list them on his certified payroll records. 28. SYNONYMOUS TERMS Whenever the term "General Provisions" appears, it shall be synonymous with "Contract Clauses". Whenever the term "Special Provisions" appears under submittals and refers to shop drawings, it shall be synonymous with "Section: Submittal Procedures". Whenever the term "Special Provisions" appears, and does, not refer to shop drawings, it shall be synonymous with "Special Contract Requirements". When the term "Owner" appears, it shall be synonymous with "Government". Whenever the term "Owner's Representative" appears, it shall be synonymous with "Contracting Officer". Whenever the term Architect" and/or "Engineer" appears, it shall be synonymous with "Contracting Officer". 29. EVIDENCE OF AUTHORITY TO SIGN BIDS Evidence of authority of individuals signing bids on behalf of the bidder is required except where the bid is signed, and shows it is so signed, by: The President, Vice President, or Secretary of incorporated bidders; a partner in the case of partnership; the owner in the case of sole proprietorships. Failure to submit with the bid satisfactory evidence of authority by all other persons may be cause for rejection of bids as invalid or nonresponsive. 30. SERVICE OF PROTEST (NOV 1988) (FAR 52.233-2) a. Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO) or the General Services Administration Board of Contract Appeals (GSBCA) , shall be L-12 served on the Contracting . Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Chief, Contracting Division U.S. Army Engineer District, New York Room 1841 26 Federal Plaza New York, New York 10278-0090 b. The copy of any protest shall be received in the office designated above on the same day a protest is filed with the GSBCA or within one day of filing a protest with the GAO. (FAR 52.233-2) 31. Manufacturerst names are listed for reference purposes only. Other manufacturers may be used upon approval of the Contracting Officer. 32. NOTICE OF LABOR SURPLUS AREA OBLIGATION (JUL 1978) - Not Used 330 NOTICE OF SUBJECT TO AVAILABILITY OF FUNDS $775,000.00 in funds are presently available for this procuirement in FY95. However, as stated in Section H, Para. H-43 Continuing Contracts , FY96 funds are expected to be appropriated by Congress. 34. ENTRY CHECK Due to increased security at the Jacob K. Javits Federal Building, 26 Federal Plaza, New York, Potential bidders should allow time for entry check into the building. 35. ELIGIBILITY OF BIDDER By submitting this bid/offer the bidder/offeror certifies that neither it, nor any person or firm who has an interest in the bidder/offeror, is a person or firm ineligible to be awarded Government Contracts by . virtue of being suspended or debarred in accordance with FAR subpart 9.4. 36. HARBOR MAINTENANCE FEE Offerors or bidders contemplating use of U.S. ports in the performance of contract work are subject to paying a harbor maintenance fee as authorized under Section 1402 of the Water Resources Development Act of 1986 (Public Law 99-662) . The fee imposed by the Act is equal to the percentage (as set forth by the Act and amendments thereto) of the value of the commercial cargo involved. Firms performing work under U.S. Government contracts are not exempt from the Act. Offerors and bidders are responsible for ensuring that the applicable fee associated cost are taken into consideration in preparation of their offer or bid. L-13 Information pertaining to the Act and a list of U.S. ports which subjects the cargo to the harbor maintenance fee may be obtained from local U.S. Customs Offices or by writing to the Director, User Fee Task Force, Division of Inspection and Control, Room 4132, U.S. Customs Service, 1301 Constitution Avenue, N.W. , Washington, D.C. 20229. 37. CONTRACTOR BUSINESS INTEGRITY S ETHICS Offerors are hereby notified that the apparently successful offeror(s) as a condition for award of any contract resulting from this solicitation may be required to execute a certificate related to business integrity. 38. ORDER OF PRECEDENCE - SEALED BIDDING (JAN 1986) Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) the schedule (excluding the specifications) ; (b) representations and other instructions; (c) contract clauses; (d) other documents, exhibits, and attachments; (e) the specifications. (FAR 52.214-29) 39. RIGHT TO SEER SBA DETERMINATION OF RESPONSIBILITY Small business concerns submitting a bid under this solicitation are advised that if the Contracting Officer makes a determination that the concern is nonresponsible, the concern has a right to request the Small Business Administration to make a determination of the concern's responsibility under section 8 (b) (7) of the Small Business Act (15 U.S.C. 637 (b) (7) ) . L-14 SECTION M EVALUATION FACTORS FOR AWARD M SECTION M EVALUATION FACTORS FOR AWARD M-1 CONTRACT AWARD-SEALED BIDDING-CONSTRUCTION (APR 1985) a. The Government will award a contract resulting from this solicitation to the responsive responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and price-related factors specified in the solicitation. b. The Government may reject any or all bids and waive informalities or minor irregularities in bid received. c. The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid. (FAR 52 .214-19) d. The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items and or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and. prices which are significantly overstated in relation to cost for- other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment. M-1