01_20_00.00_20.pdf

Illinois Air National Guard Repair Building Envelope, P-1 Hangar Abraham Lincoln Capital Airport Project No. DCFT092011 Springfield, Illinois W90FYQ-09-D-0006-9E07

04 April 2014 PRICE AND PAYMENT PROCEDURES Type B-3 Final 01 20 00.00 20 - 1

SECTION 01 20 00.00 20 - PRICE AND PAYMENT PROCEDURES

PART 1 GENERAL

1.1 REFERENCES

A. 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 (2005) Construction Equipment Ownership and Operating Expense Schedule, Vol 1-12

1.2 SCHEDULE OF PRICES

A. Data Required: This contract requires the use of a cost-loaded Network Analysis Schedule. The information required for the Schedule of Prices will be entered as an integral part of the Network Analysis Schedule (NAS).

Within 15 calendar days of notice of award, prepare and deliver to the Contracting Officer a schedule of prices (construction contract) on the forms furnished by the Government or AIA form G703 or equivalent. Provide a detailed breakdown of the contract price, giving quantities for each of the various kinds of work, unit prices, and extended prices.

1. Submit Schedule of Prices (Values AIA G703 or equal) with each request for payment, and with the mid-month Progress Report. Also submit a copy on a CD, in a spreadsheet format compatible with Excel 2007 version.

2. Break down by Division 01 through 49 with appropriate subdivision of each Specification and subcontractors. List Profit, Overhead, Bonds and Insurance Premiums, Mobilization, Demobilization, and Contract Closeout as subdivisions of Division 01.

3. An unbalanced schedule will not be acceptable.

4. Summation of the complete schedule of values representing all Work shall equal the

Contract Price.

B. Construction Categories: The following construction categories apply to work covered by this specification:

CATEGORY DESCRIPTION

Phase 1 Renovate Building P1- North Phase 2 Renovate Building P1- South

Divide detailed breakdown into each construction category, stated in this contract. Breakdown each Phase of work noted above by CSI Division 01 through 49 as needed. Include separate line items for LEED Documentation and Project Close Out documentation.

Subcontractors who may be involved in work under more than one of these categories shall be advised of this requirement in order to furnish such data without delay. Construction categories given above may be modified by the Contracting Officer as necessary during course of work.

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C. Schedule Instructions: Payments will not be made until the Schedule of Prices and cost-loaded NAS has been submitted to and accepted by the Contracting Officer. Identify the cost for site work, and include incidental work to the 1.5 m;( 5 foot) line. Identify costs for the building(s), and include work out to the 1.5 m;( 5 foot) line. Work out to the 1.5 m;( 5 foot) line shall include construction encompassed within a theoretical line 1.5 m;( 5 feet) from the face of exterior walls and shall include attendant construction, such as cooling towers, placed beyond the 1.5 m;( 5 foot) line.

1.3 CONTRACT MODIFICATIONS

A. 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.

1.4 CONTRACTOR'S INVOICE AND CONTRACT PERFORMANCE STATEMENT

A. Content of Invoice

1. Requests for payment will be processed in accordance with the Contract Clause FAR 52.232- 27, Prompt Payment Construction Contracts and shall include the documents listed below.

(a) Updated Project Schedule and any reports required by the contract.

(b) Contractor Safety Self Evaluation Checklist

(c) Monthly Work-hour report

(d) Other supporting documents as requested

B. Submission of Invoices

1. All invoices shall be submitted electronically and in accordance with FAR 52.232-5 "Payments Under Fixed Price Construction Contracts".

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

(b) Final invoices not accompanied by the Contractor's Final Release will be considered incomplete and will be returned to the Contractor.

1.5 CONTRACTOR'S INVOICE

A. Content of Invoice

1. Request for payment in accordance with the terms of the contract shall include the following:

(a) Contractor's Invoice which shall show, in summary form, the basis for arriving at the amount of the invoice.

(b) Contractor's Monthly Estimate with subcontractor and supplier payment certification.

(c) Affidavit to accompany invoice.

(d) Updated copy of submittal register.

(e) Updated copy of progress schedule. Furnish as specified in "FAR 52.236-15, Schedules for Construction Contracts."

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(f) Include Contractor's Final Release Form. Final invoice shall be accompanied by the Final Release Form. If the Contractor is incorporated, the release shall contain the corporate seal. An officer of the corporation shall sign the release and the corporate secretary shall certify the release.

(g) Once receipt of the original Final Release Form has been confirmed by the Contracting Officer, the Contractor shall then submit final invoice.

1.6 PAYMENTS TO THE CONTRACTOR

A. 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.

Basis for Contracting Officer's consideration to allow progress payment for material delivered on the site (but not installed) and for completed preparatory work, as authorized under FAR 52.232- 5(b), shall be (1) major high cost items and (2) long lead special order items. Materials that will not be paid for prior to installation include, but are not limited to, bulk quantities such as nails, fasteners, conduits, gypsum board, etc. In the request for progress payment, such items shall be specifically identified in the Contractor's estimates of work submitted for the Contracting Officer's approval in accordance with paragraph entitled "Schedule of Prices" above. At the time of invoicing, the amount billed shall be supported by documents establishing its value.

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 and other required documentation.

(e) Reasonable deductions due to the deficient submittals.

1.7.2 Payment for Materials Offsite

A. Payments may be made to the Contractor for materials stored off construction sites under the following conditions:

(a) Conditions described in the paragraph entitled "Payments to the Contractor";

(b) Material located and stored in the Continental United States;

(c) Materials adequately insured and protected from theft and exposure;

(d) Materials not susceptible to deterioration or physical damage in storage or in transit to the job site are acceptable for progress payments. Items such as non-magnetic steel, aluminum, non-magnetic aggregate, machinery, pre-cast/pre-stressed concrete product, and plastic lumber are acceptable for progress payments;

(e) Conditions specified in FAR 52.232-5(b) PAYMENTS UNDER FIXED PRICE CONSTRUCTION CONTRACTS; and

(f) Payment requests for off-site materials include consent of surety.

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1.7.3 Payment for Materials On Site

A. Payment may be made for materials delivered to the site but not yet incorporated into the construction. Materials on site shall be listed as a separate item on he Contract Performance Statement. The value of the materials shall be supported by the Schedule of Prices and a separate list of all materials being invoiced shall be submitted with the invoice in the following format:

MATERIAL ON MATERIAL MATERIAL MATERIAL

SITE LAST RECEIVED CONSUMED ON

ITEM PERIOD plus THIS PERIOD minus THIS PERIOD equals SITE

1.7.4 NONPAYMENT FOR REJECTED OR UNUSED PRODUCTS

1. Payment will not be made for following:

(a) Loading, hauling, and disposing of rejected material.

(b) Quantities of material wasted or disposed of in manner not called for under Contract

Documents.

(c) Rejected loads of material, including material rejected after it has been placed by reason of failure of Contractor to conform to provisions of Contract Documents.

(d) Material not unloaded from transporting vehicle.

(e) Defective Work not accepted by Contracting Officer.

(f) Material remaining on hand after completion of Work

1.7 EQUITABLE ADJUSTMENTS: WAIVER AND RELEASE OF CLAIMS

A. Whenever the Contractor submits a claim for equitable adjustment under any clause of this Contract which provides for equitable adjustment of the Contract, such claim shall include all types of adjustments in the total amounts to which the clause entitles the Contractor, including, but not limited to, adjustments arising out of delays or disruptions or both caused by such change.

B. Except as the parties may otherwise expressly agree, the Contractor shall be deemed to have waived (1) any adjustments to which it otherwise might be entitled under the clause where such claim fails to request such adjustments, and (2) any increase in the amount of equitable adjustments additional to those requested in its claim.

C. The Contractor agrees that, if required by the Contracting Officer, he will execute a release, in form and substance satisfactory to the Contracting Officer, as part of the supplemental agreement setting forth the aforesaid equitable adjustment. The Contractor further agrees that such release shall discharge the Government, its officers, agents and employees, from any further claims, including but not limited to, further claims arising out of delays or disruptions or both caused by the aforesaid change.

1.8 CHANGES ESTIMATES

A. In making all equitable adjustments under the Changes Clause, compensation for additions will be based upon estimated costs at the time the work is performed and credit for deductions will be based upon estimated costs at the time the Contract was made. In arriving at the amount of the change in price, if any, allowance may be made for profit overhead and general expenses, plant rental and other similar items.

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PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

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