UFGS_01_20_00.00_20_Price_and_Payment_Procedures.doc

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 20 00.00 20

PRICE AND PAYMENT PROCEDURES

11/11

PART 1 GENERAL

PART 2 PRODUCTS

PART 3 EXECUTION

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SECTION 01 20 00.00 20

Page

SECTION 01 20 00.00 20

PRICE AND PAYMENT PROCEDURES

11/11

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. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Schedule of Prices; G

1.3 SCHEDULE OF PRICES

1.3.1 Data Required

Within 15 calendar days of notice of award, prepare and deliver to the Contracting Officer a Schedule of Prices (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 Prices has been submitted to and accepted by the Contracting Officer. Identify the cost for site work, and include incidental work to the 5 ft line. Identify costs for the fence line item(s), and include work out to the 5 ft line. Work out to the 5 ft line shall include construction encompassed within a theoretical line 5 ft from the face of fence line items and shall include attendant construction, such as vindicator, motor, and electrical equipment placed beyond the 5 ft line.

1.3.3 Real Property Assets (Not Used)

1.3.4 Schedule Requirements for HVAC TAB (Not Used)

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 NAVFAC Form 7300/30 furnished by the Government, showing in summary form, the basis for arriving at the amount of the invoice. Form 7300/30 shall include certification by Quality Control (QC) Manager as required by the contract.

b. The Estimate for Voucher/ Contract Performance Statement on NAVFAC Form 7300/31 furnished by the Government, 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. Contractor Safety Self Evaluation Checklist.

e. Other supporting documents as requested.

f. Updated copy of submittal register.

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

1.5.2 Submission of Invoices

If NFAS Clause 5252.232-9301 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 certification required by DFARS 252.247.7023 TRANSPORTATION OF SUPPLIES BY SEA, and 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 Release.

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

c. Final invoices not accompanied by the Contractor's Final Release and required certification of Transportation of Supplies by Sea 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 including the following in accordance with "FAR 32.503-6:

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 as stated in Contract Clause "FAC 5252.236-9310, Record Drawings."

1.6.2 Payment for Onsite and Offsite Materials

Progress payments may be made to the contractor for materials delivered on the site, for materials stored off construction sites, or materials that are in transit to the construction sites 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, and off-site materials to be considered for progress payment shall be major high cost, long lead, special order, or specialty items, not susceptible to deterioration or physical damage in storage or in transit to the construction site. 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/pre-stressed 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 Prices 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.

e. Provide a written consent from the surety company with each payment request for offsite materials.

f. Materials to be considered for progress payments prior to installation shall be stored either in Hawaii, Guam, Puerto Rico, or the Continental United States. Other locations are subject to written approval by the Contracting Officer.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

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