Gulfport, Mississippi May 21, 2007

Transcription

1 SECTION SUPPLEMENTARY CONDITIONS 1. GENERAL: 1.01 GENERAL CONDITIONS: Whenever the term "General Conditions" is used in the specification, it refers to the "Construction Contract Clauses (Fixed Price)." 1.02 CLAUSES AND PROVISIONS: The designation FAR and GSAM in the clauses and provisions refer to the sources of the clauses which provide for their use. FAR refers to the Federal Acquisition Regulations and GSAM refers to the General Services Administration Acquisition Regulations. The FAR is published in Title 48 of the Code of Federal Regulations, Chapter 1 (48 CFR 1). The GSAM appears in Chapter 5 of Title 48 (48 CFR 5). Occasionally, the term "Alternate" appears in a title. This term reflects the selected alternate wording of the particular clause or provision which appears in the FAR or GSAM. 2. PERFORMANCE: 2.01 FAR COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984): The Contractor shall be required to: A. Commence work under this contract within one (1) calendar day after the date the Contractor receives notice to proceed. B. Prosecute the work diligently, and: C. Performance Period. Complete the contract work ready for use not later than the proposed Performance Period (not to exceed 854 calendar days) after effective notice to proceed. The time stated for completion shall include final cleanup of the premises FAR LIQUIDATED DAMAGES - CONSTRUCTION (SEP 2000) (a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of _$6,246_ [Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted. (b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause. (End of clause) 3. INSURANCE: 3.01 INSURANCE: The contractor must refer to the clauses "Insurance Work on Government Installation" and "Insurance" of the Construction Contract Clauses (Fixed-Price). The coverages specified below, pursuant to subpart of the Federal Acquisition Regulation (FAR), are the minimum insurance required. NOTE: The clause "Insurance" requires that "the United States of America, acting by and through the General Services Administration" be named as an additional insured. General Services Administration 1 Public Buildings Service

2 A. Workers' Compensation and Employers' Liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employers' liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employers' liability coverage of at least $100,000 shall be required, except in the States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. B. General Liability. (1) The contractor shall provide bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (2) Property Damage liability insurance shall be required only in special circumstances as determined by the agency. C. Automobile Liability. The contractor shall provide automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims. 4. Resource Conservation and Recovery Act (RCRA) and Greening the Government Through Waste Prevention, Recycling and Federal Acquisitions (E.O ) GSA s policy is to procure and use products containing post-consumer content (recycled material). In order to promote the utilization of recovered materials in the manufacture of building products to the maximum extent practicable, the minimum content standards in Tables, below, have been established by EPA. If this solicitation provides for the use of building products for which a minimum content standard is not contained in the table, the contractor shall use its best efforts to provide building products with the maximum percentage of recovered materials. The Environmental Protection Agency (EPA) has published Comprehensive Procurement Guidelines (CPG) items and their associated Recovered Materials Advisory Notices (RMANs) on the internet at http;:// The following CPG items have been identified associated with this solicitation. TABLE MINIMUM CONTENT STANDARDS FOR RECOVERED MATERIALS IN BUILDING INSULATION PRODUCTS General Services Administration 2 Public Buildings Service

3 Product Material Postconsumer Content (%) Total Recovered Material Content (%) Rock Wool Slag Fiberglass Glass Cullet Cellulose Loose-Fill Postconsumer and Spray On Paper Perlite Composite Postconsumer Board Paper Plastic rigid foam, polyisocyanurate/ polyurethane: Rigid Foam Foam-in-Place Glass Fiber Reinforced Phenolic Rigid Foam Plastic, Non-Woven Batt Recoverd and/or Postconsumer Plastics TABLE MINIMUM CONTENT STANDARDS FOR RECOVERED MATERIALS IN SHOWER & RESTROOM DIVIDERS/PARTITIONS Material Postconsumer Content (%) Total Recovered Materials Content (%) Steel Plastic FAR Certification and Estimate of Percentage of Recovered Material Content for EPA Designated Items. (Aug 2000) (Applies to contracts over $100,000 that are for, or specify the use of recovered materials) (a) Definitions. As used in this clause- Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of recovered material. Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. General Services Administration 3 Public Buildings Service

4 (b) The Contractor, on completion of this contract shall (1) Estimate the percentage of the total recovered material used in contract performance, including, if applicable, the percentage of postconsumer material content; and (2) Submit this estimate to [Contracting Officer complete in accordance with agency procedures]. (End of clause) Alternate I (Aug 2000). As prescribed in (b), redesignate paragraph (b) of the basic clause as paragraph (c) and add the following paragraph (b) to the basic clause: (b) The Contractor shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(i)(2)(C)): Certification I, (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated products met the applicable contract specifications. [Signature of the Officer or Employee] [Typed Name of the Officer or Employee] [Title] [Name of Company, Firm, or Organization] [Date] (End of certification) 6. SITE CONDITIONS: 6.01 FAR PHYSICAL DATA (APR 1984) Data and information furnished or referred to below is for the Contractor s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information used by the Contractor. The indications of physical conditions on the drawings and in the specifications are the result of site investigations by others. All field dimensions and conditions must by verified by the Contractor prior to commencing work. (End of clause) 7. EMPLOYMENT PRACTICES: 7.01 FAR NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB. 1999): (a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation. (b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: General Services Administration 4 Public Buildings Service

5 Goals for minority Goals for female participation participation for each trade for each trade % 8% These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office. (c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR Compliance with the goals will be measured against the total work hours performed. (d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-- (1) Name, address, and telephone number of the subcontractor; (2) Employer's identification number of the subcontractor; (3) Estimated dollar amount of the subcontract; (4) Estimated starting and completion dates of the subcontract; and (5) Geographical area in which the subcontract is to be performed. (e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is National Capitol Region. (End of provision) 8.01 PROMPT PAYMENT: (Payments under this contract will be made in accordance with the terms of the Prompt Payment Clause listed in the Construction Contract Clauses (Fixed Priced).) General Services Administration 5 Public Buildings Service

6 A. The Contractor shall attend payment meetings each month scheduled herein, with the designated Government representative, prior to the submission of the contractor's progress payment invoice (payment request). These may be held in conjunction with the progress meetings held pursuant to Section 00120, Progress Meetings, or the coordination meetings held under Section 01205, Procedures and Controls or Section 01040, Project Coordination, as applicable. The payment meetings may be conducted in person or by telephone. The meetings will enable payments to be made promptly and within the dates established in the contract. The purpose of the payment meetings is to enable the contractor and the Government representatives to discuss the amount of the prospective payment and the supporting documentation required, and to reach agreement on the amount thereof. Inspections by all parties will be completed prior to or during the meeting, thus ensuring timely substantiation and agreement on paying amounts. The schedule for payment meetings is as follows: A schedule will be determined at the pre-construction conference. B. The contractor shall submit the original invoice to the Contracting Officer's representative (COR) or, if a contract is being administered with the assistance of a CQM or CM contractor, a copy to such contractor as follows (separate payment request shall be submitted for progress payments, payments of retainage, and partial or final payments): To be determined at the pre-construction meeting C. Payment request shall not be submitted until the scheduled payment meetings are held. If the contractor fails to attend a payment meeting, the Government will make payment on the contractor's payment request based upon the results of the Government inspection, in the amount of no more than the Government's estimate of the amount due. The balance of the contractor's payment request will remain in dispute and will not be subject to any late payment penalty until such time that an invoice including the disputed amount is resubmitted and agreement is reached with the Contracting Officer on any payment amount being due. D. Payment due dates are based upon the receipt of a proper invoice by the Contracting Officer. If the invoice is defective (see FAR clause , Prompt Payment for Construction Contracts, and GSAM Clause , Invoice Requirements), it will be returned to the contractor for appropriate action. If there is any disagreement over the payment amount, the Contracting Officer may pay the portion of the requested payment that is not in dispute. 9. INVOICE REQUIREMENTS: When an invoice is required to be submitted under this contract, the Contractor shall submit it in accordance with the following clause: 9.01 GSAM Invoice Requirements (SEP 1999) (a) Invoices shall be submitted in an original only, unless otherwise specified, to the designated billing office specified in this contract or order. (b) Invoices must include the Accounting Control Transaction (ACT) number provided below or on the order. ACT Number (Contracting Officer insert number) General Services Administration 6 Public Buildings Service

7 (c) In addition to the requirements for a proper invoice specified in the Prompt Payment clause of this contract or order, the following information or documentation must be submitted with each invoice: 1. Name of the business concern and invoice date. 2. Contract number. 3. Delivery order number or other authorization for delivery of property or services. 4. Item number, national stock number (NSN) or other product identification number, description, price, and quantity or services actually delivered or rendered. 5. Shipping and payment terms. 6. Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent. The remit to address must correspond to the remittance address in the contract. 7. A complete estimate of the payment requested supported by a cost breakdown and satisfactory evidence of title to off-site materials. (See the Construction Contract Clauses) 8. A certification of payment form (GSA Form 2419). (See the Construction Contract Clauses). 9. For final payment, a release of claims. (See the Construction Contract Clauses). 10. Information necessary to enable the Government to make payment by wire transfer shall be furnished in accordance with the Method of Payment clause of this contract. To assist the Government in making timely payments, the Contractor is requested to furnish the following additional information either on the invoice or on an attachment to the invoice. Revised construction schedule showing actual progress to date. For purposes of the Invoice Requirements Clause (GSAM the term office designated to receive invoices shall be the Contracting Officer s Representative (COR). -furnished property to the Contractor, the Contractor assumes the risk and responsibility for its loss or damage, except- (i) For reasonable wear and tear; (ii) To the extent property is consumed in performing this contract; or (iii) As otherwise provided for by the provisions of this contract. D. Upon completing this contract, the Contractor shall follow the instructions of the Contracting Officer regarding the disposition of all Governmentfurnished property not consumed in performing this contract or previously delivered to the Government. The Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of the Government property, as may be directed or authorized by the Contracting Officer. The net proceeds of any such disposal shall be credited to the contract price or shall be paid to the Government as directed by the Contracting Officer. E. If this contract is to be performed outside the United States of America, its territories, or possessions, the words Government and Government-furnished (wherever they appear in this clause) shall be construed as United States Government and United States Government-furnished, respectively. (End of Clause) General Services Administration 7 Public Buildings Service

8 10. GSAM GOALS FOR SUBCONTRACTING PLAN (SEP 1999) APPLICABLE ONLY IF CONTRACT IS OVER $1,000,000 APPLICABLE ONLY IF CONTRACTOR IS A LARGE BUSINESS: (a) Maximum practicable utilization of small, HUBZone small, small disadvantaged, and women-owned small business concerns as subcontractors is a matter of national interest with both social and economic benefits. (1) The General Services Administration's (GSA's) commitment to ensuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, and women-owned small business concerns to participate as subcontractors in the performance of this contract, consistent with its efficient performance, must be reflected in the offeror's subcontracting plan submitted pursuant to the clause of this contract at FAR , Small Business Subcontracting Plan. (2) In addressing the eleven elements described at FAR (d), the offeror shall demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, and women-owned business concerns in performing this contract. An offeror submitting a commercial products plan can demonstrate its commitment in providing maximum practicable opportunities through subcontracting opportunities it provides to small, HUBZone small, small disadvantaged, and women-owned small business concerns that relate to the offeror's production generally; i.e., for both its commercial and Government business. (3) The subcontracting plan shall include a description of the offeror's subcontracting strategies used in previous contracts and significant achievements, with an explanation of how this plan will build upon those earlier achievements. Additionally, the offeror shall demonstrate through its plan that it understands the small business subcontracting program's objectives, GSA's expectations, and is committed to taking those actions necessary to meet these goals or objectives. (b) GSA believes that this contract provides significant opportunities for the use of small, HUBZone small, small disadvantaged, and women-owned small business concerns as subcontractors. Accordingly, it is anticipated that an acceptable subcontracting plan will contain at least the following goals: Small Business Small Disadvantaged Business Women-Owned Small Business HUBZone Small Business Veteran-Owned Small Business Service-Disabled Veteran-Owned Small Business _40_percent _8 _percent _5 _percent _3_percent _3_ percent _3_ percent General Services Administration 8 Public Buildings Service

9 NOTE: Target goals are expressed as a percentage of planned subcontracting dollars. (c) In determining the acceptability of any subcontracting plan, the Contracting Officer will -- (1) Review the plan to verify that the offeror has demonstrated an understanding of the small business subcontracting program's objectives and GSA's expectations with respect to the programs and has included all the information, goals, and assurances required by FAR ; (2) Consider previous goals and achievements of contractors in the same industry; (3) Consider information and potential sources obtained from agencies administering national and local preference programs and other advocacy groups in evaluating whether the goals stated in the plan adequately reflect the anticipated potential for subcontracting to small, HUBZone small, small disadvantaged, and women-owned small business concerns; and (4) Review the offeror's description of its strategies, historical performance and significant achievements in placing subcontracts for the same or similar products or services with small, HUBZone small, small disadvantaged, veteran-owned and womenowned small business concerns. The offeror's description can apply to commercial as well as previous Government contracts. (d) Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan within the time specified by the Contracting Officer shall make the offeror ineligible for award. (End of Provision) General Services Administration 9 Public Buildings Service

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