Attachment 9 JOC Modifications to GCs and Special Conditions.docx

Attachment 9

JOC MODIFICATIONS TO THE GENERAL and GOVERNMENT SPECIAL AND SUPPLEMENTAL CONDITIONS

The following clarifications and modifications apply to the General, Supplemental and Special Conditions:

1. Whenever the term “Contract” is used to describe the Work associated with an individual project, the term “Contract” shall be replaced with “Task Order”.

2. The term “Task Order” as referenced in the Government SOW and the term “Job Order” may be used interchangeably with this set of documents.

3. Whenever the term “Contract Time” is used to describe the duration associated with an individual project, the term “Contract Time” shall be replaced with “Task Order Completion Time”.

4. Whenever the term “Contract Sum or Price” is used to describe the value associated with an individual project, the term “Contract Sum or Price” shall be replaced with “Task Order Price.”

5. The Task Order Price shall set forth the fixed price, lump sum amount for which the Contractor is paid to complete the Detailed Scope of Work. Unless specifically stated for a Task Order, estimated quantities, lists of materials and proposed prices shall not apply, the descriptions as related to costs and payment shall not apply, and the payment sections within the individual sections shall not apply.

6. All references to “Proposed Items” shall be interpreted to mean Work tasks necessary to complete the Detailed Scope of Work.

7. All references to “change order work”, “extra work”, “force account work”, and any other descriptions to changes to the Detailed Scope of Work shall be interpreted to mean work described in a Detailed Scope of Work of a Supplemental Task Order.

8. The Construction Task Catalog® shall govern the work included in the Unit Price of a Pre-Priced Task.

1. DEFINITIONS

1. Award Criteria Figure - The amount determined in the Award Criteria Figure Calculation section of the Proposal Form, which is used for the purposes of determining the lowest Proposal.

2. Coefficient - A competitively proposed adjustment to be applied to the Unit Prices listed in the Construction Task Catalog®.

3. In Containment Facilities Coefficient– See attachment 12, Containment Definitions.

4. Contract Term - The period of the Contract and does not include any Option Terms.

5. Construction Task Catalog® - A comprehensive listing of construction related tasks together with a specific unit of measure and a published Unit Price.

6. Detailed Scope of Work - A document setting forth the work the Contractor is obligated to complete for a particular Task Order.

7. Joint Scope Meeting - A site meeting to discuss the work before the Detailed Scope of Work is finalized.

8. Maximum Contract Value – The maximum value of Task Orders that the Contractor may receive under this Contract.

9. Minimum Contract Value - The minimum value of Task Orders that the Contractor is guaranteed the opportunity to perform under this Contract.

10. Non-Prepriced Task - A task that is not set forth in the Construction Task Catalog®.

11. Non-Prepriced Coefficient – The Coefficient that is applied to A task that is not set forth in the Construction Task Catalog® .

12. Normal Working Hours Coefficient - Includes the hours from 8:00 a.m. to 4:30 p.m. Monday through Friday, except for Government holidays.

13. Notice to Proceed - A written notice issued by the Government directing the Contractor to proceed with construction activities to complete the Task Order.

14. Other than Normal Working Hours Coefficient - Includes the hours of Monday through Friday 4:30 pm to 8:00 am and all-day Saturday, Sunday and Government holidays.

15. Out of Containment Facilities Coefficient - See attachment 12, Containment Definitions.

16. Prepriced Task - A task described in, and for which a Unit Price is set forth in, the Construction Task Catalog®.

17. Project - The collective improvements to be constructed by the Contractor pursuant to a Task Order, or a series of related Task Orders.

18. Request for Proposal - A written request to the Contractor to prepare a Proposal for the Detailed Scope of Work referenced therein.

19. Supplemental Task Order - A secondary Task Order developed after the initial Task Order has been issued for the purpose of changing, deleting, or adding work to the initial Detailed Scope of Work, or changing the Task Order Completion Time.

20. Task Order (TO) – A written order issued by the Government, such as a Purchase/Task Order, requiring the Contractor to complete the Detailed Scope of Work within the Task Order Completion Time for the Task Order Price. A project may consist of one or more Task Orders.

21. Task Order Completion Time - The time within which the Contractor must complete the Detailed Scope of Work.

22. Task Order Price - The value of the approved Task Order Price Proposal and the amount the Contractor will be paid for completing a Task Order. Also referred to as Task Order Price.

23. Task Order Price Proposal - A price proposal prepared by the Contractor that includes the Pre-priced Tasks, Non Pre-priced Tasks, quantities, and appropriate Coefficients required to complete the Detailed Scope of Work. Also referred to as Task Order Price Proposal.

24. Task Order Proposal - A set of documents including at least: (a) Task Order Price Proposal; (b) required drawings or sketches; (c) list of anticipated Subcontractors and Materialmen; (d) Construction schedule; and (e) other requested documents. Also referred to as Task Order Proposal.

25. Technical Specifications - The written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services.

26. Unit Price - The price published in the Construction Task Catalog® for a specific construction or construction related work task. Unit Prices for new Pre-priced Tasks can be established during the course of the Contract and added to the Construction Task Catalogs®. Each Unit Price is comprised of labor, equipment, and material costs to accomplish that specific Pre-priced Task.

27. Work - All materials, labor and use of tools, equipment, and services necessary by the Contractor and/or Subcontractor to complete the Task Order.

2. ORDER OF PRECEDENCE OF CONTRACT DOCUMENTS

2.1. In the event of conflicting provisions within the Job Order Contract, the following order of precedence with item “a” representing the highest precedence, for resolution of the conflict shall apply:

2.1.1. Contract Modifications (later takes precedence over earlier)

2.1.2. Agreement

2.1.3. Addenda (later takes precedence over earlier)

2.1.4. Task Orders including Detailed Scopes of Work, Task Order Proposals, and any Supplemental Task Orders

2.1.5. JOC Modifications To The General And Government Special And Supplemental Conditions

2.1.6. Statement of Work

2.1.7. General Terms and Conditions IDIQ

2.1.8. The Construction Task Catalog©

2.1.9. Gordian Technical Specifications

3. CHANGES IN THE WORK

3.1. The Government, without invalidating the Task Order, may order changes in the Work by altering, adding to or deducting from the Work, by issuing a Supplemental Task Order.

3.2. All Supplemental Task Orders shall be developed and priced in accordance with the Procedures for Developing All Task Orders

3.3. Credits for Pre-priced and Non Pre-priced Tasks shall be calculated at the pre-set Unit Prices and multiplied by the appropriate Coefficients. The result is that a credit for Tasks that have been deleted from the Detailed Scope of Work will be given at 100% of the value at which they were included in the original Task Order Price Proposal.

4. CONTRACT MODIFICATIONS

4.1. Changes to the Contract may be accomplished after execution of the Contract and without invalidating the Contract, by Contract Change Order.

5. MATERIAL PRICE SPIKE ADJUSTMENT

5.1. Material price spike adjustment: For the purpose of this clause, a “major spike” is defined as a spike in a specific material cost of more than 25% above what the cost of that material was on the date the Construction Task Catalog® was issued.

In the event a major spike occurs in a specific material cost, the Contractor may submit a request for a price modification to a Unit Price or individual Task Order. In order to initiate such a request, the Contractor shall,

a) identify the specific material that has experienced a major spike,

b) identify Pre-priced Task(s) or Task Orders that require the material experiencing a major spike, and

c) demonstrate that the spike exists by submitting a minimum of three quotes on material supplier letterhead to show that the current price meets the “major spike” definition above.

The Government, after review of a request, may elect to adjust the Unit Price or Task Order by considering it a NPP item. The adjustment will be for the difference between the material cost at the time the Construction Task Catalog® was issued times the quantity stated in the Task Order. The adjustment will not include any other markup, and the NPP Coefficient will not apply.

The Government, at its option, may also determine that a drastic decrease in a material cost warrants the same NPP adjustment downward in the Unit Price or a Task Order.