Attachment 3 Price and Payment Procedures.pdf

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PRICE AND PAYMENT PROCEDURES

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

08/16

PART 1 GENERAL

1.1 REFERENCES

1.2 SUBMITTALS

1.3 SCHEDULE OF VALUES

1.3.1 Data Required

1.3.2 Schedule Instructions

1.4 CONTRACT MODIFICATIONS

1.5 CONTRACTOR'S INVOICE AND CONTRACT PERFORMANCE

STATEMENT

1.5.1 Content of Invoice

1.5.2 Submission of Invoices

1.5.3 Final Invoice

1.6 PAYMENTS TO THE CONTRACTOR

1.6.1 Obligation of Government Payments

1.6.2 Payment for Onsite Materials

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

Attachment 3 SP470221Q0007

SECTION 01 20 00.00 20

PRICE AND PAYMENT

PROCEDURES

08/16

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EP-1110-1-8 (2009) Construction Equipment Ownership and Operating Expense Schedule

1.2 SUBMITTALS

Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for Contractor Quality Control approval. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Schedule of Values; G

1.3 SCHEDULE OF VALUES

1.3.1 Data Required

Within 14 calendar days of notice to proceed, prepare and deliver to the Contracting Officer a Schedule of Values (construction contract) as directed by the Contracting Officer. Provide a detailed breakdown of the contract price, giving quantities for each of the various kinds of work, unit prices, and extended prices. Costs shall be summarized and totals provided for each construction category.

1.3.2 Schedule Instructions

Payments will not be made until the Schedule of Values has been submitted to and accepted by the Contracting Officer.

1.4 CONTRACT MODIFICATIONS

In conjunction with the Contract Clause "DFARS 252.236-7000, Modification Proposals- Price Breakdown," and where actual ownership and operating costs of construction equipment cannot be determined from Contractor accounting records, equipment use rates shall be based upon the applicable provisions of the EP-1110-1-8.

1.5 CONTRACTOR'S INVOICE AND CONTRACT PERFORMANCE STATEMENT

1.5.1 Content of Invoice

Requests for payment will be processed in accordance with the Contract Clause FAR 52.232- 27, Prompt Payment Construction Contracts and FAR 52.232-5, Payments Under Fixed- Price Construction Contracts. The requests for payment shall include the documents listed below.

a. The Contractor's invoice, on ENG Form 93, showing in summary form, the basis for arriving at the amount of the invoice. ENG Form 93 shall include certification by Quality Control (QC) Manager as required by the contract. This form may be provided upon request or is available at the USACE Publications website:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerForms/En g_Form_93_2014Mar.pdf

b. The Payment Estimate for Contract Performance showing in detail: the estimated cost, percentage of completion, and value of completed performance for each of the construction categories stated in this contract

c. Updated Project Schedule and reports required by the contract.

d. Other supporting documents as requested.

e. Updated copy of submittal register.

f. Invoices not completed in accordance with contract requirements will be returned to the Contractor for correction of the deficiencies.

g. Materials on Site.

h. Monthly Work-hour report.

i. Solid Waste Disposal Report.

1.5.2 Submission of Invoices

If DFARS Clause 252.232-7003 is included in the contract, the documents listed in paragraph "CONTENT OF INVOICE" shall be provided in their entirety as attachments in Wide Area Work Flow (WAWF) for each invoice submitted. The maximum size of each WAWF attachment is two megabytes, but there are no limits on the number of attachments. If a document cannot be attached in WAWF due to system or size restriction it shall be provided as instructed by the Contracting Officer.

1.5.3 Final Invoice

a. A final invoice shall be accompanied by the Contractor's Final Release. If the Contractor is incorporated, the Final Release shall contain the corporate seal. An officer of the corporation shall sign and the corporate secretary shall certify the Final http://www.publications.usace.army.mil/Portals/76/Publications/EngineerForms/Eng_Form_93_2014Mar.pdf http://www.publications.usace.army.mil/Portals/76/Publications/EngineerForms/Eng_Form_93_2014Mar.pdf

Release.

b. For final invoices being submitted via WAWF, the original Contractor's Final Release must be provided directly to the respective Contracting Officer prior to submission of the final invoice. Once receipt of the original Final Release has been confirmed by the Contracting Officer, the Contractor shall then submit final invoice and attach a copy of the Final Release in WAWF.

c. Final invoices not accompanied by the Contractor's Final Release will be considered incomplete and will be returned to the Contractor.

1.6 PAYMENTS TO THE CONTRACTOR

Payments will be made on submission of itemized requests by the Contractor which comply with the requirements of this section, and will be subject to reduction for overpayments or increase for underpayments made on previous payments to the Contractor.

1.6.1 Obligation of Government Payments

The obligation of the Government to make payments required under the provisions of this contract will, at the discretion of the Contracting Officer, be subject to reductions and/or suspensions permitted under the FAR and agency regulations:

a. Reasonable deductions due to defects in material or workmanship;

b. Claims which the Government may have against the Contractor under or in connection with this contract;

c. Unless otherwise adjusted, repayment to the Government upon demand for overpayments made to the Contractor; and

d. Failure to provide up to date record drawings not current.

1.6.2 Payment for Onsite Materials

Progress payments may be made to the contractor for materials delivered on the site under the following conditions:

a. FAR 52.232-5(b) Payments Under Fixed Price Construction Contracts.

b. Materials delivered on the site but not installed, including completed preparatory work, shall be major high cost, long lead, special order, or specialty items, not susceptible to deterioration or physical damage in storage. Examples of materials acceptable for payment consideration include, but are not limited to, structural steel, non-magnetic steel, non-magnetic aggregate, equipment, machinery, large pipe and fittings, precast/prestressed concrete products, plastic lumber (e.g., fender piles/curbs), and high-voltage electrical cable. Materials not acceptable for payment include consumable materials such as nails, fasteners, conduits, gypsum board, glass, insulation, and wall coverings.

c. Materials to be considered for progress payment prior to installation shall be specifically and separately identified in the Contractor's estimates of work submitted for the Contracting Officer's approval in accordance with Schedule of Values requirement of this contract. Requests for progress payment consideration for such items shall be supported by documents establishing their value and that the title requirements of the clause at FAR 52.232-5 have been met.

d. Materials are adequately insured and protected from theft and exposure.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

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