6._FAR_52.236-15.pdf

Federal Acquisition Regulation 52.236–15 or hazardous nature, or (b) perform-ance on a Government facility that on the advice of technical representatives involves hazardous materials or oper-ations that might endanger the safety of the public and/or Government per-sonnel or property, add the following paragraph (f) to the basic clause:

(f) Before commencing the work, the Con-tractor shall—

(1) Submit a written proposed plan for im-plementing this clause. The plan shall in-clude an analysis of the significant hazards to life, limb, and property inherent in con-tract work performance and a plan for con-trolling these hazards; and

(2) Meet with representatives of the Con-tracting Officer to discuss and develop a mu-tual understanding relative to administra-tion of the overall safety program.

[56 FR 55376, Oct. 25, 1991]

52.236–14 Availability and Use of Util-ity Services.

As prescribed in 36.514, insert the fol-lowing clause in solicitations and con-tracts when a fixed-price construction contract or a fixed-price dismantling, demolition, or removal of improve-ments contract is contemplated, the contract is to be performed on Govern-ment sites when the contracting officer decides (a) that the existing utility system is adequate for the needs of both the Government and the con-tractor, and (b) furnishing it is in the Government’s interest. When this clause is used, the contracting officer shall list the available utilities in the contract.

AVAILABILITY AND USE OF UTILITY SERVICES

(APR 1984)

(a) The Government shall make all reason-ably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Con-tractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates de-termined by the Contracting Officer. The Contractor shall carefully conserve any util-ities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and main-tain all necessary temporary connections and distribution lines, and all meters re-quired to measure the amount of each utility used for the purpose of determining charges.

Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

(End of clause)

52.236–15 Schedules for Construction Contracts.

As prescribed in 36.515, insert the fol-lowing clause:

SCHEDULES FOR CONSTRUCTION CONTRACTS

(APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percent-age of work scheduled for completion by any given date during the period. If the Con-tractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Con-tracting Officer, and upon doing so shall im-mediately deliver three copies of the anno-tated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved sched-ule, the Contractor shall take steps nec-essary to improve its progress, including those that may be required by the Con-tracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Con-tractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to dem-onstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Of-ficer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the

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48 CFR Ch. 1 (10–1–06 Edition) 52.236–16

Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

(End of clause)

[48 FR 42478, Sept. 19, 1983, as amended at 60 FR 34761, July 3, 1995]

52.236–16 Quantity Surveys.

As prescribed in 36.516, the con-tracting officer may insert the fol-lowing clause in solicitations and con-tracts when a fixed-price construction contract providing for unit pricing of items and for payment based on quan-tity surveys is contemplated:

QUANTITY SURVEYS (APR 1984)

(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) The Government shall conduct the original and final surveys and make the com-putations based on them. The Contractor shall conduct the surveys for any periods for which progress payments are requested and shall make the computations based on these surveys. All surveys conducted by the Con-tractor shall be conducted under the direc-tion of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific in-stance.

(c) Promptly upon completing a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall re-tain copies of all such material furnished to the Contracting Officer.

(End of clause)

Alternate I (APR 1984). If it is deter-mined at a level above that of the con-tracting officer that it is impracticable for Government personnel to perform the original and final surveys, and the Government wishes the contractor to perform these surveys, substitute the following paragraph (b) for paragraph

(b) of the basic clause:

(b) The Contractor shall conduct the origi-nal and final surveys and surveys for any pe-riods for which progress payments are re-quested. All these surveys shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance. The Government shall make such computations as are necessary to determine the quantities of work performed or finally in place. The Contractor shall make the computations based on the surveys for any periods for which progress payments are re-quested.

52.236–17 Layout of Work.

As prescribed in 36.517, insert the fol-lowing clause in solicitations and con-tracts when a fixed-price construction contract is contemplated and use of this clause is appropriate due to a need for accurate work layout and for siting verification during work performance:

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 con-nection with the layout. The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, ma-terials, and labor required to lay out any part of the work. The Contractor shall be re-sponsible for executing the work to the lines and grades that may be established or indi-cated by the Contracting Officer. The Con-tractor shall also be responsible for main-taining and preserving all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due or to be-come due to the Contractor.

(End of clause)

52.236–18 Work Oversight in Cost-Re-imbursement Construction Con-tracts.

As prescribed in 36.518, insert the fol-lowing clause in solicitations and con-tracts when cost-reimbursement con-struction contracts are contemplated:

WORK OVERSIGHT IN COST-REIMBURSEMENT

CONSTRUCTION CONTRACTS (APR 1984)

The extent and character of the work to be done by the Contractor shall be subject to the general supervision, direction, control, and approval of the Contracting Officer.

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