TABLE OF CONTENTS SECTION 00700 CONTRACT CLAUSES PARA. CLAUSE TITLE PAGE
1 52.252-Z CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 00700-1 2 52.202-1 DEFINITIONS (SEPT 1991) 00700-1 3 52.202-1 1 DEFINITIONS (SEPT 1991)--ALTERNATE I (APR 1984) 00700-1 4 52.203-1 OFFICIALS NOT TO BENEFIT (APR 1984) 00700-1 5 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) 00700-1 6 52.203-7 ANTI-KICKBACK PROCEDURES (OCT 1988) 00700-1 7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER 00700-1 ACTIVITY (SEP 1990) 8 52.209-6 PROTECTING THE GOVERNEMNT'S INTEREST WHEN 00700-1 SUBCONTRACTING WITH CONTRACTOR DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 1992) 9 52.212-12 SUSPENSION OF WORK (APR 1984) 00700-1 10 52.214-26 AUDIT -- SEALED BIDDING (APR 1985) 00700-1
11 52.214-27 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING 00700-1 DATA -- MODIFICATIONS -- SEALED BIDDING (DEC 1991)
12 52.214-28 SUBCONTRACTOR COST OR PRICING DATA--MODIFICATIONS-- 00700-1 SEALED BIDDING (DEC 1991)
13 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL 00700-1 DISADVANTAGED BUSINESS CONCERNS (FEB 1990)
14 52.219-9 1 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS 00700-1 SUBONCTRACTING PLAN (JAN 1991)--ALTERNATE 1 (AUG 1989)
15. 52.219-13 UTILIZATION OF WOMEN-OWNED SMALL BUSINESS 00700-1 (AUG 1986)
16. 52.20-1 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS 00700-2 (APR 1984)
DACW07-95-C-0003 i
18 52.220-4 LABOR SURPLUS AREA SUBCONTRACTING PROGRAM 00700-2 (APR 1984)
19 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES 00700-2 (APR 1984)
20 52.222-3 CONVICT LABOR (APR 1984) 00700-2
21 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988) 00700-2
22 52.222-26 EOUAL OPPORTUNITY (APR 1984) 00700-2
23 52.222-27 AFFIRHATIVE ACTION COHPLIANCE REOUIREMENTS FOR 00700-2 CONSTRUCTION (APR 1984)
24 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM 00700-2 ERA VETERANS (APR 1984)
25 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS 00700-2 (APR 1984)
26 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS 00700-2 AND VETERANS OF THE VIETNAH ERA (JAN 1988)
27 52.223-3 HAZARDOUS HATERIAL IDENTIFICATION AND MATERIAL 00700-2 SAFETY DATA (NOV 1991)
28 52.223-6 DRUG-FREE WORKPLACE (JUL 1990) 00700-2
29 52.228-2 ADDITIONAL BOND SECURITY (APR 1984) 00700-2
30 52.228-11 PLEDGES OF ASSETS (FEB 1990) 00700-2
31 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (JAN 1991) 00700-2
32 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS 00700-2 (APR 1989)
33 52.232-17 INTEREST (JAN 1991) 00700-2
34 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) 00700-2
35 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS 00700-2 (MAR 1994)
36 52.233-3 PROTEST AFTER AWARD (AUG 1989) 00700-3
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38 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING 00700-3 THE WORK (APR 1984)
39 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984) 00700-3
40 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984) 00700-3
41 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991) 00700-3
42 52.236-8 OTHER CONTRACTS (APR 1984) 00700-3
43 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, 00700-3 EQUIPMENT, UTILITIES, AN IMPROVEMENTS (APR 1984)
44 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984) 00700-3
45 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984) 00700-3
46 52.236-12 CLEANING UP (APR 1984) 00700-3
47 52.236-13 ACCIDENT PREVENTION (NOV 1991) 00700-3
48 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984) 00700-3
49 52.236-17 LAYOUT OF WORK (APR 1984) 00700-3
50 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION 00700-3 (APR 1984)
51 52.246-12 INSPECTION OF CONSTRUCTION (JUL 1986) 00700-3
52 52.248-3 VALUE ENGINEERING--CONSTRUCTION (MAR 1989) 00700-3
53 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT 00700-3 (FIXED-PRICE) (APR 1984)
54 52.249-2 1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT 00700-3 (FIXED-PRICE) (APR 1984)- ALTERNATE I (APR 1984)
55 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984) 00700-3
DACW07-95-C-0003 iii
57 252.219-7003 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS 00700-4 SU8CONTRACTING PLAN (DoD CONTRACTS) (MAY 1994)
58 252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991) 00700-4
59 252.232-7006 REDUCTION OR SUSPENSION OF CONTRACT PAYMENTS 00700-4 UPON FINDING OF FRAUD (AUG 1992)
60 252.236-7000 MODIFICATION PROPOSALS--PRICE BREAKDOWN 00700-4 (DEC 1991)
61 252.243-7001 PRICING OF CONTRACT MODIFICATIONS 00700-4 (DEC 1991)
62 252.249-7001 NOTIFICATION OF SUBSTANTIAL IMPACT ON 00700-4 EMPLOYMENT (DEC 1991)
63 52.203-3 GRATUITIES (APR 1984) 00700-4
64 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN 00700-4 FEDERAL TRANSACTIONS (JAN 1990)
65 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS 00700-4 ACT--OVERTIME COMPENSATION (MAR 1986)
66 52.222-6 DAVIS-BACON ACT (NOV 1992) 00700-4
67 52.222-7 WITHHOLDING OF FUNDS (FEB 1988) 00700-4
68 52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988) 00700-4
69 52.222-9 APPRENTICES AND TRAINEES (FEB 1988) 00700-4
70 52.222-10 COMPLIANCE WITH COPELAND ACT REOUIREMENTS 00700-4 (FEB 1988)
71 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (FEB 1988) 00700-4
72 52.222-12 CONTRACT TERMINATION- -DEBARMENT 00700-4 (FEB 1988)
73 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED 00700-4 ACT RE WLATIONS (FEB 1988)
74 52.222-14 DISPUTES CONCERNING LABOR STANDARDS 00700-4 (FEB 1988)
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76 52.233-1 DISPUTES (HAR 1994) 00700-21
77 52.243-4 CHANGES (AUG 1987) 00700-23
78 52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984) 00700-24
79 52.244-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) 00700-25 (APR 1991)
DACW07-95-C-0003 v
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. (End of clause) 2 52.202-1 DEFINITIONS (SEPT 1991) (Reference 2.201)
3 52.202-1 1 DEFINITIONS (SEPT 1991)--ALTERNATE I (APR 1984) (Reference 2.201)
4 52.203-1 OFFICIALS NOT TO BENEFIT (APR 1984) (Reference 3.102-2)
5 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) (Reference 3.404(c))
6 52.203-7 ANTI-KICKBACK PROCEDURES (OCT 1988) (Reference 3.502-3)
7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1990) (Reference 3.104-10(c))
8 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 1992) (Reference 9.409(b))
9 52.212-12 SUSPENSION OF WORK (APR 1984) (Reference 12.505(a))
10 52.214-26 AUDIT--SEALED BIDDING (APR 1985) (Reference 14.201-7(a))
11 52.214-27 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA--MODIFICATIONS- SEALED BIDDING (DEC 1991) (Reference 14.201-7Xb))
12 52.214-28 SUBCONTRACTOR COST OR PRICING DATA--MODIFICATIONS--SEALED BIDDING (DEC 1991) (Reference 14.201-7(c))
13 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS (FEB 1990) (Reference 19.708(a))
14 52.219-9 1 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN (JAN 1991)--ALTERNATE I (AUG 1989) (Reference 19.708(b)(1)
15 52.219-13 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES (AUG 1986) (Reference 19.902)
DACW07-95-C-0003 00700-1
17 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS (APR 1984) (Reference 20.302(a))
18 52.220-4 LABOR SURPLUS AREA SUBCONTRACTING PROGRAM (APR 1984) (Reference 20.302(b))
14 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (APR 1984) (Reference 22.103-5(a))
20 52.222-3 CONVICT LABOR (APR 1984) (Reference 22.202)
21 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988) (Reference 22.407(a)(1)
22 52.222-26 EQUAL OPPORTUNITY (APR 1984) (Reference 22.810(e))
23 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 1984) (Reference 22.810(f))
24 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) (Reference 22.1308(a)()
25 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED UORKERS (APR 1984) (Reference 22.1408(a))
26 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1988) (Reference 22.1308(b))
27 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (NOV 1991) (Reference 23.303(a))
28 52.223-6 DRUG-FREE WORKPLACE (JUL 1990) (Reference 23.505(b))
29 52.228-2 ADDITIONAL BOND SECURITY (APR 1984) (Reference 28.106-4)
30 52.228-11 PLEDGES OF ASSETS (FEB 1990) (Reference 28.203-6)
31 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (JAN 1941) (Reference 29.401-3)
32 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (APR 1989) (Reference 32.111(a)(5)
33 52.232-17 INTEREST (JAN 1991) (Reference 32.617(a)&()
34 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) (Reference 32.806(a)(1)
35 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAR 1994) (Reference 32.908(b))
DACW07-95-C-0003 00700-2
37 52.236-2 DIFFERING SITE CONDITIONS (APR 1984) (Reference 36.502)
38 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984) (Reference 36.503)
39 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984) (Reference 36.505)
40 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984) (Reference 36.506)
41 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991) (Reference 36.507)
42 52.236-8 OTHER CONTRACTS (APR 1984) (Reference 36.508)
43 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMERTS (APR 1984) (Reference 36.509)
44 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984) (Reference 36.510)
45 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984) (Reference 36.511)
46 52.236-12 CLEANING UP (APR 1984) (Reference 36.512)
47 52.236-13 ACCIDENT PREVENTION (NOV 1991) (Reference 36.513(a))
48 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984) (Reference 36.515)
(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 percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progrer,s payments until the Contractor submits the required schedule.
(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construetion plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.
(c) Failure of the Contractor to comply with the requirements of the Contracting Officer 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 Contractoris right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.
(End of clause) DACW07-95-C-0003 00700-77
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 connection with the layout. The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining 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 become due to the Contractor. (End of clause) (R 7-604.3 1965 JAN)
50 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 1984)
(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided. (b) wherever in the specifications or upon the drawings the words "directed'., ''required.., .'ordered.., '~designated'', ..prescribedtt, or words of like import are used, it shall be understood that the "direction", "requirementt., ''order", "designation.', or "prescription'', of the Contracting Officer is intended and similarly the words ~approved'', "acceptable", "satisfactory", or words of like import shall mean "approved by", or "acceptable to", or "satisfactory to" the Contracting Officer,
51 52.246-12 INSPECTION OF CONSTRUCTION (JUL 1986) (Reference 46.312)
52 52.248-3 VALUE ENGINEERING--CONSTRUCTION (MAR 1989) (Reference 48.202)
53 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 1984) (Reference 49.502(b)(1)
54 52.249-2 1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 1984)- ALTERNATE I (APR 1984) (Reference 49.502(b)(1)
55 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984) (Reference 49.504(c)(1)
DACW07-95-C-0003 00700-3
57 252.219-7003 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS) (MAY 1994) (Reference )
58 252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991) (Reference 31.100-70)
59 252.232-7006 REDUCTION OR SUSPENSION OF CONTRACT PAYMENTS UPON FINDING OF FRAUD (AUG 1992) (Reference 32.111-70)
60 252.236-7000 MODIFICATION PROPOSALS--PRICE BREAKDOwN (DEC 1991) (Reference 36.570(a))
61 252.243-7001 PRICING OF CONTRACT MOOIFICATIONS (DEC 1991) (Reference 43.205-71)
62 252.249-7001 NOTIFICATION OF SUBSTANTIAL IMPACT ON EMPLOYMENT (DEC 1991) (Reference 49.7002(c))
63 52.203-3 GRATUITIES (APR 1964)
(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative -- (1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and (2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract. (b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction. (c) If this contract is terminated under paragraph (a) above, the Government is entitled-- (1) To pursue the same remedies as in a breach of the contract; and (2) In additition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.) (d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in additition to any other rights and remedies provided by law or under this contract. (End of clause) (R 7-104.16 1952 MAR) DACW07-95-C-0003 00700-4
(a) Definitions. "Agency," as used in this clause, means executive agency as defined in 2.101. "Covered Federal action," as used in this clause, means any of the following Federal actions: (a) The awarding of any Federal contract. (b) The making of any Federal grant. (c) The making of any Federal loan. (d) The entering into of any cooperative agreement. (e) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. "Indian tribe" and "tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B) and include Alaskan Natives. "Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federat action. "Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government. "Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency: (a) An individual who is appointed to a position in the Government under title 5, United States Code, including a position under a temporary appointment. (b) A member of the uniformed services, as defined in subsection 101(3), title 37, United States Code. (c) A special Government employee, as defined in section 202, title 18, United States Code. (d) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, United States DACU07-95-C-0003 00700-5
Person, as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribaL organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. Reasonable compensation, as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.
Reasonable payment, as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.
Recipient, as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Inclian organization with respect to expenditures specifically permitted by other Federal law.
Regularly employed, as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shalL be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.
State, as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.
(b) Prohibitions.
(1) Section 1352 of title 31, United States Code, among other things, prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a DACW07-95-C-0003 00700-6
(2) The Act aLso requires Contractors to furnish a disclosure if any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid or will be paid to any person for influencing or attempting to influence an officer or empLoyee of any agency a Member of Congress an officer or employee of Congress or an empLoyee of a Member of Congress in connection with a Federat contract grant loan or cooperative agreement.
(3) The prohibitions of the Act do not apply under the following conditions: (i) Agency and tegislative liaison by own employees. (A) The prohibition on the use of appropriated funds in subparagraph (b)(1) of this clause does not apply in the case of a payment of reasonabLe compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and [egislative liaison activities not directly reLated to a covered Federat action. (B) For purposes of subdivision (b)(3)(i)(A) of this clause providing any information specificaLly requested by an agency or Congress is permitted at any time. (C) The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered Federal action:
(1) Discussing with an agency the qualities and characteristics (inctuding individual demonstrations) of the person s products or services conditions or terms of sale and service capabilities. (2) Technical discussions and other activities regarding the application or adaptation of the person s products or services for an agency s use. (D) The following agency and legistative liaison activities are permitted where they are prior to formal solicitation of any covered Federal action- (1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action; (2) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and DACW07-95-C-0003 00700-7
(a) Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics (see Federal Acquisition Regulation (FAR) 22.300) shall require or permit any such laborers or mechanics in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (b) Violation; liability for unpaid wages; liquidated damages. In the DACW07-95-C-0003 00700-10
(a) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be allesed to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (d) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period. Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (b) of this clause) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (b)(1) The Contracting Officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be cLassified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met: (i) Except with respect to helpers, as defined in section 22.401 of the Federal Acquisition Regulation, the work to be performed by the classification requested is not performed by a classification in the wage determination. (ii) The classification is utilized in the area by the construction industry. (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (iv) With respect to helpers, such a classification prevails in the area in which the work.is performed. (2) If the Contractor and the Laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (b)(2) and (b)(3) of this clause DACW07-95-C-0003 00700-13
The Contracting Officer shalt, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same Prime Contractor, or any other Federatly assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (End of clause) 68 52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988)
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(a) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a DACW07-95-C-0003 00700-16
The Contractor shaLl comply with the requirements of 29 CFR Part 3 which are hereby incorporated by reference in this contract. (End of clause) 71 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (FEB 1988)
(a) The Contractor or subcontractor shatl insert in any subcontracts the clauses entitled Davis-Bacon Act Contract Work Hours and Safety Standards DACW07-95-C-0003 00700-18
A breach of the contract clauses entitled Davis-Bacon Act, Contract Work Hours and Safety Standards Act--Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Davis-Bacon and Related Act Regulations, or Certification of Eligibility may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 CFR 5.12. (End of clause) 73 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988)
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are hereby incorporated by reference in this contract. (End of clause) DACW07-95-C-0003 00700-19
The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees of their representatives. (End of clause) 75 52.223-2 CLEAN AIR AND WATER (APR 1984)
(a) "Air Act", as used in this clause, means the Clean Air Act (42 U.S.C. 7401, et seq.). "Clean air standards," as used in this clause, means- (1) Any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, work practices, or other requirements contained in, issued under, or otherwise adopted under the Air Act or Executive Order 11738; (2) An applicable implementation plan as described in section 110(d) of the Air Act (42 U.S.C. 7410(d)); (3) An approved implementation procedure or plan under section 111(c) or section 111(d) of the Air Act (42 U.S.C. 7411(c) or (d)); or (4) An approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 7412(d)). "Clean water standards," as used in this clause, means any enforceable limitation, control, condition, prohibition, standard, or other requirement promulgated under the Water Act or contained in a permit issued to a discharger by the EPA or by a State under an approved program, as authorized by section 402 of the Vater Act (33 U.S.C. 1342), or by local government to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (33 U.S.C. 1317). "Compliance,@~ as used in this clause, means compliance with- (1) Clean air or water standards; or (2) A schedule or plan ordered or approved by a court of competent jurisdiction, the EPA, or an air or water pollution control agency under the requirements of the Air Act or Water Act and related regulations. "Facility," as used in this clause, means any building, plant, installation, structure, mine, vessel or other floating craft, location, or DACW07-95-C-0003 00700-20
(a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. DACW07-95-C-0003 00700-21
(a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes- (1) In the specifications (including drawings and designs); (2) In the method or manner of performance of the work; (3) In the Government-furnished facilities, equipment, materials, services, or site; or (4) Directing acceleration in the performance of the work. (b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating (1) the date, circumstances, and source of the order and (2) that the Contractor regards the order as DACW07-95-C-0003 00700-23
(a) The Contracting Officer may, in writing, order changes in the drawings and specifications within the general scope of the contract. (b) The Contractor shall promptly notify the Contracting Officer, in writing, of subsurface or latent physical conditions differing materially from those indicated in this contract or unknown unusual physical conditions at the site before proceeding with the work. (c) If changes under paragraph (a) or conditions under paragraph (b) increase or decrease the cost of, or time required for performing the work, the Contracting Officer shall make an equitable adjustment (see paragraph (d)) upon submittal of a proposal for adjustment (hereafter referred to as proposal) by the Contractor before final payment under the DACW07-95-C-0003 00700-24
(a) This clause does not apply to firm-fixed-price contracts and fixed- price contracts with economic price adjustment. However, it does apply to subcontracts resulting from unpriced modifications to such contracts. (b) Subcontract, as used in this clause, includes but is not limited to purchase orders, and changes and modifications to purchase orders. The Contractor shall notify the Contracting Officer reasonably in advance of entering into any subcontract if the Contractor does not have an approved purchasing system and if the subcontract- (1) Is proposed to exceed S100,000; or (2) Is one of a number of subcontracts with a single subcontractor, under this contract, for the same or related supplies or services, that in the aggregate are expected to exceed S100,000. (c) The advance notification required by paragraph (b) above shall include- (1) A description of the supplies or services to be subcontracted; (2) Identification of the type of subcontract to be used; (3) Identification of the proposed subcontractor and an explanation of why and how the proposed subcontractor was selected, including the competition obtained; (4) The proposed subcontract price and the Contractor s cost or price analysis; (5) The subcontractor s current, complete, and accurate cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions; (6) The subcontractor s Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other DACW07-95-C-0003 00700-25