CONSTRUCTION_CONTRACT_CLAUSES.pdf

CONSTRUCTION CONTRACT CLAUSES

SIMPLIFIED ACQUISITION PROCEDURES

CATEGORY CLAUSE REFERENCE TITLE

GENERAL

1.1 FAR 52.202-1 Definitions

1.2 FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer

Fiber Content Paper

1.3 FAR 52.204-7 Central Contractor Registration (CCR)

1.4 FAR 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

1.4 FAR 52.233-3 Protest After Award

1.5 FAR 52.236-7 Permits and Responsibilities

1.6 FAR 52.236-8 Other Contracts

1.7 FAR 52.253-1 Computer Generated Forms

1.8 GSAR 552.211-

Reference to Specifications in Drawings

1.9 GSAR 552.236-

Definitions

1.10 GSAR 552.236-

Specialist

1.11 GSAR 552.236-

Subcontracts

1.12 GSAR 552.252-6 Authorized Deviations in Clauses (Deviations FAR 52.252-6)

STANDARDS OF CONDUCT

2.1 FAR 52.203-3 Gratuities

2.2 FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper

Activity

2.3 FAR 52.203-12 Limitation on Payments to Influence Certain Federal

Transactions

BONDS AND INSURANCE

3.1 FAR 52.228-1 Bid Guarantee

3.2 FAR 52.228-2 Additional Bond Security

3.3 FAR 52.228-5 Insurance—Work on a Government Installation

3.4 FAR 52.228-11 Pledge of Assets

3.5 FAR 52.228-13 Alternative Payment Protections

3.6 FAR 52.228-14 Irrevocable Letter of Credit

3.7 FAR 52.228-15 Performance and Payment Bonds—Construction

SITE CONDITIONS

4.1 FAR 52.236-2 Differing Site Conditions

4.2 FAR 52.236-3 Site Investigation and Conditions Affecting the Work

4.3 GSAR 552.236-

Measurements

SPECIFICATIONS AND DRAWING

5.1 FAR 52.236-21 Specifications and Drawings for Construction

5.2 GSAR 552.236-

Specifications and Drawings

5.3 GSAR 552.236-

Shop Drawings, Coordination Drawings, and Schedules

PERFORMANCE

6.1 FAR 52.236-15 Schedules for Construction Contracts

6.2 FAR 52.236-1 Performance of Work by Contractor

6.3 FAR 52.236-5 Material and Workmanship

6.4 FAR 52.236-6 Superintendence by the Contractor

6.5 FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

6.6 FAR 52.236-10 Operations and Storage Areas

6.7 FAR 52.236-12 Cleaning Up

6.8 FAR 52.236-13 Accident Prevention

6.9 FAR 52.236-14 Availability and Use of Utility Services

6.10 FAR 52.236-17 Layout of Work

6.11 FAR 52.236-26 Preconstruction Conference

6.12 GSAR 552.236-

Working Hours

6.13 GSAR 552.236-

Use of Premises

6.14 GSAR 552.236-

Samples

6.15 GSAR 552.236-

Heat

USE AND POSSESSION

7.1 FAR 52.236-11 Use and Possession Prior to Completion

7.2 GSAR 552.236-

Use of Equipment by the Government

INSPECTION

8.1 FAR 52.246-12 Inspection of Construction

8.2 GSAR 552.246-

Final Inspection and Tests

WARRANTY AND GUARANTEES

9.1 FAR 52.246-21 Warranty of Construction

BUY AMERICAN AND TRADE AGREEMENTS

10.1 FAR 52.225-9 Buy American Act—Construction Materials

10.2 FAR 52.233-4 Applicable Law for Breach of Contract Claim

EMPLOYMENT PRACTICES AND LABOR STANDARDS

11.1 FAR 52.222-1 Notice to the Government of Labor Disputes

11.2 FAR 52.222-3 Convict Labor

11.3 FAR 52.222-6 Davis-Bacon Act

11.4 FAR 52.222-7 Withholding of Funds

11.5 FAR 52.222-8 Payrolls and Basic Records

11.6 FAR 52.222-9 Apprentices and Trainees

11.7 FAR 52.222-10 Compliance with Copeland Act Requirements

11.8 FAR 52.222-11 Subcontracts (Labor Standards)

11.9 FAR 52.222-12 Contract Termination—Debarment

11.10 FAR 52.222-13 Compliance with Davis-Bacon and Related Act

Regulations

11.11 FAR 52.222-14 Disputes Concerning Labor Standards

11.12 FAR 52.222-15 Certification of Eligibility

11.13 FAR 52.222-21 Prohibition of Segregated Facilities

11.14 FAR 52.222-26 Equal Opportunity

11.15 FAR 52.222-27 Affirmative Action Compliance Requirements for

Construction

11.16 FAR 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

11.17 FAR 52.222-36 Affirmative Action for Workers with Disabilities

11.18 FAR 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era

SUBCONTRACTING

12.1 FAR 52.209-6 Protecting the Government’s Interests when

Subcontracting

12.2 FAR 52.219-8 Utilization of Small Business Concerns

PAYMENT

13.1 FAR 52.232-5 Payments Under Fixed-Price Construction Contracts

13.2 FAR 52.232-23 Assignment of Claims

13.3 FAR 52.232-27 Prompt Payment for Construction

13.4 FAR 52.232-33 Payment by Electronic Funds Transfer—Central

Contractor Registration (CCR)

13.5 GSAR 552.232-

Payment Information

STOP WORK AND TERMINATION

14.1 FAR 52.249-1 Termination for Convenience of the Government

(Fixed Price) (Short Form)

14.2 FAR 52.249-10 Default (Fixed Price Construction)

14.3 FAR 52.249-14 Excusable Delays

DISPUTES

15.1 FAR 52.233-1 Disputes (Alt I)

OTHER

16.1 FAR 52.223-2 Affirmative Procurement of Biobased Products

Under Service and Construction Contracts

16.2 FAR 52.223-5 Pollution Prevention and Right-to-Know Information

16.3 FAR 52.223-15 Energy Efficiency in Energy-Consuming Products

16.4 FAR 52.225-13 Restrictions on Certain Foreign Purchases

16.5 FAR 52.242-14 Suspension of Work

16.6 FAR 52.243-1 Changes Fixed Price

16.7 FAR 52.219-28 Post Award Small Business Representation

16.8 FAR 52.204-9 Personal Identity Verification of Contractor

Personnel

16.9 GSAR 552.229-

Federal, State, and Local Taxes

16.10 FAR 52.223-17 Affirmative Procurement of EPA-designated items in service and construction contracts

16.11 FAR 52.213-4 Terms and Conditions

DOCUMENT SECURITY FOR SENSITIVE BUT UNCLASSIFIED BUILDING INFORMATION

FAR 52-252.2: 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:

www.acquisition.gov/far/ http://www.acquisition.gov/far/

PER GSA ORDER PBS 3490.1A – DOCUMENT SECURITY FOR SENSITIVE BUT UNCLASSIFIED

BUILDING INFORMATION

Safeguarding and Dissemination of Sensitive But Unclassified (SBU) Building Information

This clause applies to all recipients of SBU building information, including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers, and manufacturers.

(a) Marking SBU. Contractor-generated documents that contain building information must be reviewed by GSA to identify any SBU content, before the original or any copies are disseminated to any other parties.

If SBU content is identified, the contracting officer may direct the contractor, as specified elsewhere in this contract, to imprint or affix SBU document markings to the original documents and all copies, before any dissemination.

(b) Authorized recipients. Building information considered SBU must be protected with access strictly controlled and limited to those individuals having a need to know such information. Those with a need to know may include Federal, State, and local government entities, and nongovernment entities engaged in the conduct of business on behalf of or with GSA. Nongovernment entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, and others submitting an offer or bid to GSA or performing work under a GSA contract or subcontract. Contractors must provide SBU building information when needed for the performance of official Federal, State, and local government functions, such as for code compliance reviews and for the issuance of building permits. Public safety entities such as fire and utility departments may require access to SBU building information on a need to know basis.

This clause must not prevent or encumber the dissemination of SBU building information to public safety entities.

(c) Dissemination of SBU building information:

(1) By electronic transmission. Electronic transmission of SBU information outside of the GSA firewall and network must use session (or alternatively file encryption). Sessions (or files) must be encrypted with an approved NIST algorithm, such as Advanced Encryption Standard (AES) or Triple Data Encryption Standard (3DES), in accordance with Federal Information Processing Standards Publication (FIPS PUB) 140-2, Security Requirements for Cryptographic Modules.

Encryption tools that meet FIPS 140-2 are referenced on the NIST web page found at the following URL: http://csrc.nist.gov/groups/STM/cmvp/documents/140-1/1401vend.htm .

All encryption products used to satisfy the FIPS 140-2 requirement should have a validation certificate that can be verified at the following URL:

http://csrc.nist.gov/groups/STM/cmvp/validation.html#02.

(Not all vendors of security products that claim conformance with FIPS 140-2 have validation certificates.) Contractors must provide SBU building information only to authorized representatives of State, Federal, and local government entities and firms currently registered as “active” in the Central Contractor Registration (CCR) database at www.ccr.gov that have a need to know such information. If a subcontractor is not registered in the CCR and has a need to possess SBU building information, the subcontractor shall provide to the contractor its DUNS number or its tax ID number and a copy of its business license.

(2) By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include but are not limited to CDs, DVDs, and USB drives. Nonelectronic forms of SBU building information include paper documents.

(i) By mail. Utilize only methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt.

http://csrc.nist.gov/groups/STM/cmvp/documents/140-1/1401vend.htm http://csrc.nist.gov/groups/STM/cmvp/validation.html#02 http://www.ccr.gov/

(ii) In person. Contractors must provide SBU building information only to authorized representatives of State, Federal, and local government entities and firms currently registered as “active” in the CCR database that have a need to know such information.

(3) Record keeping. Contractors must maintain a list of the State, Federal, and local government entities and the firms to which SBU is disseminated under sections (c) (1) and (c) (2) of this clause.

This list must include at a minimum (1) the name of the State, Federal, or local government entity or firm to which SBU has been disseminated; (2) the name of the individual at the entity or firm who is responsible for protecting the SBU building information, with access strictly controlled and limited to those individuals having a need to know such information; (3) contact information for the named individual; and (4) a description of the SBU building information provided. Once work is completed, or for leased space with the submission of the “as built” drawings, the contractor must collect all lists maintained in accordance with this clause, including those maintained by any subcontractors and/or suppliers, and submit them to the contracting officer. For federal buildings, final payment may be withheld until the lists are received.

(d) Retaining SBU documents. SBU building information (both electronic and paper formats) must be protected, with access strictly controlled and limited to those individuals having a need to know such information.

(e) Destroying SBU building information. SBU building information must be destroyed such that the marked information is rendered unreadable and incapable of being restored, or returned to the contracting officer, when no longer needed, in accordance with guidelines provided for media sanitization within Appendix A of NIST Special Publication 800-88, Guidelines for Media Sanitization, available at http://csrc.nist.gov/publications/nistpubs/800-88/NISTSP800-8_rev1.pdf. Examples of acceptable destruction methods for SBU building information are burning or shredding hardcopy;

physically destroying portable electronic storage devices such as CDs, DVDs, and USB drives; deleting and removing files from electronic recycling bins; and removing material from computer hard drives using a permanent-erase utility such as bit wiping software or disk crushers.

(f) Notice of disposal. The contractor must notify the Contracting Officer that all SBU building information has been destroyed by the contractor and its subcontractors or suppliers in accordance with section (e) of this clause, with the exception of the contractor's record copy. This notice must be submitted to the contracting officer at the completion of the contract in order to receive final payment. For leases, this notice must be submitted to the Contracting Officer at the completion of the lease term.

(g) Incidents. All improper disclosures of SBU building information must be immediately reported to the contracting officer at 402-221-4725. If the contract provides for progress payments, the contracting officer may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of SBU building information.

Progress payments may also be withheld for failure to comply with any provision in this clause until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future.

(h) Subcontracts. The Contractor must insert the substance of this clause.

http://csrc.nist.gov/publications/nistpubs/800-88/NISTSP800-8_rev1.pdf