GFMS IBM09B0005-A003.pdf

Summary Info Continuation Page

IBM09B0005

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs B.1 52.211-18 Variation in Estimated Quantity (Apr 1984)

F Deliveries or Performance F.2 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

I Contract Clauses 52.219-14 Limitations on Subcontracting (Dec 1996) 52.246-21 Warranty of Construction (Mar 1994) [Alteration] 52.252-2 Clauses Incorporated by Reference (Feb 1998)

J List of Attachments J.12 Specifications J.13 Plans J.15 Answers to Questions

B.1 52.211-18 Variation in Estimated Quantity (Apr 1984) 04/01/1984

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

IBM09B0005

Line Item Summary

Solicitation Number:

IBM09B0005

Contract Number: Title: RECOVERY - Construct Main Floodway Levee Rehab

Date of Solicitation:

08/11/2009

Line Item No. Description Quantity Unit Unit Price Total Cost

Section F - Deliveries or Performance

F.2 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 04/01/1984

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than six hundred and five (605) calendar days after the date the contractor receives the notice to proceed. Note: The flood control levee improvements, excluding seeding and maintenance of vegation, shall be completed three hundred and sixty-five (365) calendar days after contractor receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

Section I - Contract Clauses

Clauses By Reference Clause Title Date 52.219-14 Limitations on Subcontracting (Dec 1996) 12/01/1996

52.246-21 Warranty of Construction (Mar 1994) [Alteration] 05/29/2009

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty for all mechanically operated equipment (Division 60 80 00 of the specifications referenced in Section J, item J.12) shall continue for a period of five (5) years from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of five (5) years from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of—

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall—

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

52.252-2 Clauses Incorporated by Reference (Feb 1998) 02/01/1998

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/these address(es):

www.arnet/gov/far

(End of clause)

Section J - List of Attachments

J.12 Specifications 06/01/2009 one hundred and ninety-nine (199) pages

Solicitation Amendment IBM09B0005-A002 replaces the plans entirely.

J.13 Plans 06/01/2009 approximately 1,100 sheets

Solicitation Amendment IBM09B0005-A0002 replaces the specifications entirely.

J.15 Answers to Questions 08/05/2009

Attached in 16 pages.

Soliciation Amendment IBM09B0005-A0002 replaces the specifications entirely.

Solicitation Amendment IBM09B0005-A0002 replaces the plans entirely.