Construction Cotnract Clauses 3508ref.doc

NOTICES TO CONTRACTING OFFICER

Facsimile Proposals:

If FAX proposals will be acceptable, fill in the fax telephone number in the clause entitled “Facsimile Proposals” on page 5. If they are not acceptable, you should delete this clause.

Alternative Payment Protections:

For construction contracts greater than $30,000 but not greater than $100,000, FAR 28.102-1 requires that the Contractor be given at least two choices as to the type of payment protection he will submit. On page 5, the clause entitled “Alternative Payment Protections” has been filled in to require either a Payment Bond or an Irrevocable Letter of Credit, and has also been filled in to require submission of payment protection within 10 days of award. The Contracting Officer may use other forms of payment protection in lieu/in addition to the ones already filled in; see FAR 28.102-1(b)(1) for other choices.

Site Visits:

Fill in the name and phone number of the point of contact who will arrange site visits in the clause entitled “Site Visits” on page 6. If you include this clause elsewhere in your document, you can delete it here.

8(a) Clauses:

Page 8 of this document is to be included if you are making an award to an 8(a) firm. In that case, fill in the address of the appropriate SBA district office in the clause entitled “Section 8(a) Direct Award.”

If the award is not being made to an 8(a) firm, remove Page 8.

Other Set-Asides:

Page 9 of this document is to be included if you are making award under a total small business set-aside. If you are not making award under a total small business set-aside, remove Page 9.

Page 10 of this document is to be included if you are making award to an Emerging Small Business under the Small Business Competitiveness Demonstration Program (see FAR Part 19.10). If you are not making an Emerging Small Business award, remove page 10.

Page 11 of this document is to be included if you are making award under a total HUBZone Set-Aside. If you are not making award under a total HUBZone Set-Aside, remove page 11.

Page 12 of this document is to be included if you are making award under a total Service-Disabled Veteran-Owned Set-Aside. If you are not making award under a total Service-Disabled Veteran-Owned Set-Aside, remove page 12.

CONSTRUCTION CONTRACT CLAUSES

(FIXED PRICE --- SIMPLIFIED ACQUISITION)

FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998).

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html (End of clause) I.

CLAUSES INCORPORATED BY REFERENCE:

A. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

NUMBER

TITLE

DATE

1.

52.204-9

Personal Identity Verification

SEP 07

of Contractor Personnel

2.

52.209-6

Protecting the Government’s

SEP 06

Interest when Subcontracting with

Contractors Debarred, Suspended or Proposed for Debarment2 3.

52.217-5

Evaluation of Options

JUL 90

4.

52.219-28

Post-Award Small Business Program

JUN 07

Rerepresentation

5.

52.222-1

Notice to the Government of

FEB 97

Labor Disputes

6.

52.222-3

Convict Labor

JUN 03

7.

52.222-5

Davis-Bacon Act – Secondary Site

JUL 05

of the Work

8.

52.222-6

Davis-Bacon Act

9.

52.222-7

Withholding of Funds

FEB 88

10.

52.222-8

Payrolls and Basic Records

FEB 88

11.

52.222-9

Apprentices and Trainees

12.

52.222-10

Compliance with Copeland Act

Requirements

13.

52.222-11

Subcontracts (Labor Standards)

JUL 05

14.

52.222-12

Contract Termination-Debarment

FEB 88

15.

52.222-13

Compliance with Davis-Bacon &

Related Act Regulations 16.

52.222-14

Disputes Concerning Labor

Standards

17.

52.222-15

Certification of Eligibility

FEB 88

18.

52.222-21

Prohibition of Segregated

FEB 99

Facilities

19.

52.222-26

Equal Opportunity

MAR 07

Notes:

1This clause applies only if the contract price exceeds $10,000.

2This clause applies only if the contract price exceeds $30,000.

20.

52.222-27

Affirmative Action Compliance

FEB 99

Requirements for Construction1 21.

52.222-36

Affirmative Action for Workers

JUN 98

with Disabilities1 22.

52.222-50

Combating Trafficking in Persons

AUG 07

23.

52.223-2

Affirmative Procurement of

DEC 07

Biobased Products Under Service and Construction Contracts

24.

52.223-3

Hazardous Material Identification

JAN 97

& Material Safety Data -

Alternate I (JUL 95)

25.

52.223-5

Pollution Prevention & Right-to-

AUG 03

Know Information

26.

52.223-6

Drug-Free Workplace

MAY 01

27.

52.223-10

Waste Reduction Program

AUG 00

28.

52.223-11

Ozone Depleting Substances

MAY 01

29.

52.223-12

Refrigeration Equipment and Air

MAY 95

Conditioners

30. 52.223-15 Energy Efficiency in Energy-

DEC 07

Consuming Products

31. 52.223-17 Affirmative Procurement of EPA-

MAY 08

Designated Items in Service and

Construction Contracts

32. 52.225-9 Buy American Act — Construction

JAN 05

Materials

33.

52.225-10

Notice of Buy American Act

MAY 02

Requirement – Construction

Materials

34.

52.225-13

Restrictions on Certain Foreign

JUN 08

Purchases

35.

52.228-2

Additional Bond Security2

OCT 97

36.

52.228-11

Pledges of Assets2

FEB 92

37.

52.228-14

Irrevocable Letter of Credit2

DEC 99

38.

52.232-5

Payments under Fixed-Price

SEP 02

Construction Contracts

39.

52.232-23

Assignment of Claims

JAN 86

40.

52.232-27

Prompt Payment for Construction

SEP 05

Contracts

41.

52.232-33

Payment by Electronic Funds

OCT 03

Transfer – Central Contractor Registration

42.

52.233-1

Disputes -

JUL 02

Alternate I (DEC 91)

Notes:

1This clause applies only if the contract price exceeds $10,000.

2This clause applies only if the contract price exceeds $30,000.

43.

52.233-4

Applicable Law for Breach of

OCT 04

Contract Claim

44.

52.233-3

Protest after Award

AUG 96

45.

52.236-2

Differing Site Conditions

APR 84

46.

52.236-3

Site Investigations and

APR 84

Conditions Affecting the Work

47.

52.236-5

Material and Workmanship

48.

52.236-6

Superintendence by the Contractor

APR 84

49.

52.236-7

Permits and Responsibilities

NOV 91

50.

52.236-9

Protection of Existing

Vegetation, Structures, Equipment, Utilities and Improvements

51.

52.236-10

Operations and Storage Areas

APR 84

52.

52.236-11

Use and Possession Prior to

Completion

53.

52.236-12

Cleaning Up

54.

52.236-13

Accident Prevention

NOV 91

55.

52.236-14

Availability and Use of

Utility Services

56.

52.236-17

Layout of Work

57.

52.236-21

Specifications and Drawings

FEB 97

for Construction

58.

52.242-14

Suspension of Work

59.

52.243-5

Changes and Changed Conditions

APR 84

60.

52.244-6

Subcontracts for Commercial Items

MAR 07

61.

52.245-1

Government Property

Alternate I (JUN 07) 62.

52.245-9

Use and Charges

63.

52.246-12

Inspection of Construction

JUL 86

64.

52.246-21

Warranty of Construction -

MAR 94

Alternate I (APR 84) 65.

52.249-1

Termination For Convenience of the Government (Fixed Price)

(Short Form)

[Alternate I (APR 84)applies to contracts for demolition, dismantling or removal of improvements] 66.

52.249-10

Default (Fixed Price Construction)

[Alternate I (APR 84)applies to contracts for demolition, dismantling or removal of improvements] 67.

53.253-1

Computer Generated Forms

JAN 91

B. GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION (GSAR) CLAUSES:

552.215-70 Examination of Records by GSA

FEB 96

2.

552.229-70 Federal, State and Local Taxes

APR 84

3.

552.236-70 Definitions

4.

552.236-71 Authorities and Limitations

APR 84

5.

552.236-72 Specialist

6.

552.236-75 Use of Premises

552.236-76 Measurements

552.236-79 Samples

9.

552.236-80 Heat

10.

552.236-81 Use of Equipment by Government

APR 84

11.

552.246-72 Final Inspection and Tests

SEP 99

C. DEFENSE ACQUISITION REGULATION SUPPLEMENT (DFARS) CLAUSES:

(The following clauses apply to procurements undertaken for the Department of Defense)

252.236-7002 Obstruction of Navigable Waterways

DEC 91

2.

252.236-7005 Airfield Safety Precautions

DEC 91

II.

CLAUSES INCORPORATED IN FULL TEXT: The complete text of the contract clauses listed below is provided in this Section. These clauses are incorporated in full text because they contain approved Deviations to Federal Acquisition Regulation (FAR) language; contain information specific to GSA Region 3 procurements; or are otherwise unsuitable for incorporation by reference.

FAR CLAUSES:

52.215-5

Facsimile Proposals

OCT 97

52.216-1

Type of Contract

3.

52.228-13

Alternative Payment Protections1

JUL 00

4.

52.236-1

Performance of Work by the

Contractor

5.

52.236-27

Site Visit (Construction)

FEB 95

Note:

1This clause applies only if the contract price exceeds $30,000 but does not exceed $100,000.

GSAR CLAUSES:

6.

552.232-70 Invoice Requirements

SEP 99

552.232-78 Payment Information

JUL 00

552.252-6

Authorized Deviations in

SEP 99

Clauses (DEVIATION FAR

52.252-6)

THE FULL TEXT OF THE ABOVE CLAUSES IS PROVIDED BELOW:

1. FAR 52.215-5 FACSIMILE PROPOSALS (OCT 1997) (Applicable only if facsimile proposals are allowed on this solicitation.)

(a) Definition. “Facsimile proposal” as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: __________________________.

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document--

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror agrees to promptly submit the complete original signed proposal. (End of provision)

FAR 52.216-1, TYPE OF CONTRACT (APR 84)

The Government contemplates award of a firm fixed-price contract resulting from this solicitation. (End of Provision)

3.

FAR 52.228-13, ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000) (This clause applies if the contract price exceeds $30,000 but does not exceed $100,000.)

(a) The Contractor shall submit one of the following payment protections:

A Payment Bond; or

An Irrevocable Letter of Credit.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within ___10___ days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause) 4.

FAR 52.236-1, PERFORMANCE OF WORK BY CONTRACTOR (APR 1984) (This clause does not apply to any type of small business set-aside. For 8(a) contracts, 52.219-14, Limitations on Subcontracting, will apply instead.)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least twelve percent (12%) 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 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)

5. FAR 52.236-27, SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Wilton Oliver Address: U.S. Custom House, 200 Chestnut St.

Room 222, Philadelphia, Pa 19106 Telephone: 5-446-4760 (End of Provision)

6. GSAR 552.232-70, INVOICE REQUIREMENTS (SEP 1999)

(a) Invoices shall be submitted in original only, unless otherwise specified, to the designated billing office specified in this contract or order.

(b) Invoices must include the Accounting Control Transaction (ACT) number provided below or on the order:

ACT Number: Located on Block No. 4 of the GSA Form 300, as awarded.

(EXAMPLE: P123456789)

(c) In addition to the requirements for a proper invoice specified in the Prompt Payment clause of this contract or order, the following information or documentation must be submitted with each invoice:

NOTE: ALL INVOICES MUST HAVE ORIGINAL SIGNATURES - PHOTOCOPIES OF

SIGNATURES ARE NOT ACCEPTABLE.

(1) Name of business concern and invoice date.

(2) Contract number.

(3) Delivery order number, if applicable, or other authorization for delivery of property or services.

(4) Name (where practicable), title, phone number, and complete mailing address of responsible official, to whom payment is to be sent. The “remit to” address must correspond to the payment address in the contract.

(5) For final payments, the contractor shall mark its invoice as

“Final Invoice for Payment.”

GSA FORM 2419, CERTIFICATION OF PAYMENT TO SUBCONTRACTORS AND SUPPLIERS.

GSA FORM 1142, RELEASE OF CLAIMS (REQUIRED ONLY ON FINAL PAYMENTS)

7. GSAR 552.232-78 PAYMENT INFORMATION (JUL 2000)

The General Services Administration (GSA) makes information on contract payments available electronically at http://www.finance.gsa.gov. The Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies. (End of clause)

8. GSAR 552.252-6, AUTHORIZED DEVIATIONS IN CLAUSES (SEP 1999)

(DEVIATION FAR 52.252-6)

(a) Deviations to FAR Clauses.

(1) This solicitation or contract indicates any authorized deviation to a Federal Acquisition Regulation (48 CFR Chapter 1) clause by the addition of "(DEVIATION)" after the date of the clause, if the clause is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5).

(2) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (FAR) clause that is published in the General Services Administration Acquisition Regulation by the addition of "(DEVIATION (FAR clause no.))" after the date of the clause.

(b) Deviations to GSAR Clauses. This solicitation indicates any authorized deviation to a General Services Administration Acquisition Regulation clause by the addition of "(DEVIATION)" after the date of the clause.

(c) "Substantially the same as" Clauses. Changes in wording of clauses prescribed for use on a "substantially the same as" basis are not considered deviations. (End of Clause)

III.

SPECIAL CLAUSES FOR 8(a) CONTRACTS:

1.

GSAR 552.219-74 SECTION 8(a) DIRECT AWARD (SEP 1999)

(a) This contract is issued as a direct award between the contracting activity and the 8(a) contractor pursuant to the Memorandum of Understanding between the Small Business Administration (SBA) and the General Services Administration. SBA retains the responsibility for 8(a) certifications, 8(a) eligibility determinations and related issues, and will provide counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office is:

(b) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract. However, the contracting activity shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with SBA prior to processing any advance payments and novation agreements. The contracting activity may assign contract administration functions to a contract administration office.

(c) The Contractor agrees:

(1) To notify the Contracting Officer, simultaneous with its notification to SBA (as required by SBA’s 8(a) regulations) when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C.637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership or control.

(2) To the requirements of 52.219-14, Limitations on Subcontracting. (End of clause)

FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

(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/Contrator agrees that in performance of the contract in the case of a contract for -

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of 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) General 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.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees. (End of clause)

III. SPECIAL CLAUSE FOR TOTAL SMALL BUSINESS SET-ASIDES:

1.

FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(c) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply in to construction or service contracts. (End of provision)

III.

SPECIAL PROVISION FOR EMERGING SMALL BUSINESS SET-ASIDES:

FAR 52.219-20 NOTICE OF EMERGING SMALL BUSINESS SET-ASIDE (JAN 1991)

Offers or quotations under this acquisition are solicited from emerging small business concerns only. Offers that are not from an emerging small business shall not be considered and shall be rejected. (End of provision)

SPECIAL CLAUSE FOR TOTAL HUBZone SET-ASIDES:

1.

FAR 52.219-3

NOTICE OF TOTAL HUBZone SET-ASIDE (JAN 1999)

(a) Definition. “HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) General. (1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a HUBZone small business concern.

(c) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for---

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25% of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other HUBZone small business concerns.

(d) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (c) of this clause will be performed by the HUBZone small business participant or participants.

(e) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts. (End of clause)

SPECIAL CLAUSE FOR TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE

1.

FAR 52.219-27

NOTICE OF TOTAL SERVICE DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE (MAY 2004)

(a) Definition. "Service-disabled veteran-owned small business concern"-

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for-

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other service-disabled veteran-owned small business concerns;

(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other service-disabled veteran-owned small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other service-disabled veteran-owned small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other service-disabled veteran-owned small business concerns.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if-

(1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement;

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and

(3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation.

(4) The joint venture meets the requirements of 13 CFR 125.15(b)

(e) Any service-disabled veteran-owned small business concern (nonmanufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.(End of clause)

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GSA CONSTRUCTION CLAUSES - SAP JUN 2008