Free Response to Cross Motion - District Court of Federal Claims - federal

Case 1:98-cv-00868-FMA

Document 98-3

Filed 04/06/2005

Page 1 of 40

IN THE UNITED STATES COURTOF FEDERALCLAIMS L.P. CONSULTING GROUP,INC., Plaintiff, v. THE UNITED STATES, Defendant. )

)
)

)
) No. 98-868C

)
) (Judge Allegra)

)
) DECLARATIONOF TERRI JACOBSEN I, Terri Jacobsen, under penalty of perjury, do herebystate that the followingstatement is true and correct to the best of myknowledge belief:: and 1. I previously provideda declaration in this matter dated January 12, 2005. 2. h~ myprior declaration, I stated in paragraph 20 that the USPS not awardeda had contract for concrete, asphalt, and interior renovationsat the St. Anne Post Office, IL. That statement is correct. A workorder was issued to A.M.Fernandez, Architect, for desiN~ work only, not for any constrnction. Supporting documents at pages 690-99. are 3. LPhas bad various indefinite quantity contracts ("IQCs") with the USPS various for areas, generally described below, within the USPS Great Lakes Region; tbose IQCswere as follows: 162640-02-B-0020, awardedabout November 2001, greater IN District, northern IN; 16, 162640-99-B-0050, awardedabout Jannary 29, 1999, for Central IL area processing and distributionfacilities; 162640-99-B-0039, awardedabout January 28, 1999, Central IL area, zip codes 604, 605,609, 613 through 619, 625 through 627; 162640-98-B-0124, awardedabont May15, 1998, for Northwest IN, zip codes 463-464, 469.

690

Case 1:98-cv-00868-FMA

Document 98-3

Filed 04/06/2005

Page 2 of 40

I62640-97-B-0111,awardedabout April 3, 1997, for Chicago Metro area; 162640-97-B-0062, awardedabout January 13, 1997, for Central IL area processing and distribution facilities; 162640-96-B-0096, awardedabout June 7, 1996, for Springfield, 1L area, zip codes 618,619, 625 through 627; 162640-96-B-0098, awardedJune 3, 1996, for North Central IL area, zip codes 604, 605, 609; 162640-96-B-0094, awardedJune 6, 1996, for Peoria, IL area, zip codes 614, 615, 616, 617; 162640-94-B-0083, awardedMay18, 1994, for North Central ]L area, zip codes 604, 605, 609. I App.43, 52-54, 155-57. 4. LP also has had the following t~vo IQCs: I93045-98-B-0149,awardedabout February 2, 1998, Gateway District; 193045-93-B-0110, awarded about November 19, 1993. The last two IQCs were not a~varded by the USPS Great Lakes Region. They were awarded by the KansasCity Facilities Services Office. 5. Excerpts from LP's IQC162640-94-B-0083 at pages 700-71. The IQCprovided are that the total qumltity of workordered will not be "morethan one million dollars." App.7t0. I have reviewed contract documentsand financial documentsin the Facilities Management System ("FMS")Data Base and, based upon myreview of those documents, I can state that the USPS ordered more than the one million dollars of work under IQC162640-94-B-0083, which was the contract limit.

App." refers to pagesof the Gove~a:unent's appendix. - 2

691

Case 1:98-cv-00868-FMA

Document 98-3

Filed 04/06/2005

Page 3 of 40

6, LP's IQCacontracts mtmbere~l162640-9~.-B--0083, 162640-96-B-009¢,~ad 162640-96-

providing m foLlows: The contractor is requi~ m perform all work u~dcr a work ordm- for which ~ Notice to Proceed h~ been issu~ and received before the e~piradon d~tc of Ihe contract. If~e Notic.¢ t~ Proce,~ reader awork order is not received by r.he coaWactor before expiration da~ of the com:ract, the -workorder w~ll be cor~idercd, tormia~xed t~ for ¢xmveniencc the .Pos~a! Service. of App. 66,169. 7. The document~cont~'~l in the ~ovemmeat'sSupplement,a/App~-ndJx~'o trt~ ~ correct:

][ declare und.~rpin,dry ofperjur3, t.h~t ~e foregoLng maeandcorrect. is

- 3 -

692

Case 1:98-cv-00868-FMA
vI I POST/!,L 5ERVlCE~ ~UNITEDST,,'ITES

Document 98-3 '

Filed 04/06/2005

Page 4 of 40

4209

PROJECTAUTHORIZATION

]ate 0811112004

Control Number JE46522

InstatationName ST ANNE - 1,4AIN OFFICE (166936-002) SAINT ANNE, IL 60964-9998 DescriplonofWork Lobby Renov & Ramp

ProjectAuthodzationNumber 9-4J-166936-C-049 F~m SYED Z APAMED CENTRA~ ILLINOIS DISTRICT 6801 W 73RD ST BEDFORD PARK IL 60499-9991

ChangeCode 01

B/AFinanceNumber 161550

FMSProjectNamber J78911

To SYED Z AHMED CENTRAL ILLINOIS DISTRICT 6801 W 73RD ST BEDFORD PARK IL 60499-9991

ttem Description R&A Bldg Design R&A Bldg Constr (5BA) (SBC)

Account index Number Code 86125 86125 Total 5BA

Additional Amount Authorized $-7,128.09 $-65,000.00

Previous Amount Authorized $15,000.00

Total Authorized To Date $7,871.91

~J

5,000.00 $7,871.91

$80,000.00

oA ~_~

.z~---~,

Approving Official Name Signature and SYED Z AHMED

Date Signed

Prepared By IMOGENE B NICKERSON (708) 563-7200 Contact Pe~on SAMUEL W SOUTHEPdq SOUTH SUBURBA~ DISTRICT 6801 W 73RD ST BEDFORD PARK IL 60499-9991

App~vingOfficialTitle, Add~ss, andPhoneNumber (708)563-7202 MANAGER ADMINISTRATIVE SERVICES CENTRAL ILLINOIS DISTRICT

6801 73RD w ST
BEDFORD PARK IL 60499-9991 PSForm4209. October1995- 20260-6425. 8.00 Rev

693

Case 1:98-cv-00868-FMA

Document 98-3

Filed 04/06/2005

Page 5 of 40

~

UNITED ST/3TES POSTAL SERVICE.

FACILITY ANDFIXED MECHANIZATION PROJECT CONTRACTCOMMITMENT ORDER

4211
Date ~ "[Control Number 08/11/2004 I ,J-~46521

InstallationName ST A~T~E - MAIN OFFICE (166936-002) SAINT ANNE, IL 60964-9998 DescdptionofWork Lobby Renov & Ramp T ]Contract Number ] ~ 162640-94-J-0136 Account Number 86125

Project Authorization Number 9-4J-166936-C-049 Item Description R&A Bldg Design

__]ChangeCode IBM FinanceNumber 01 I 161550 Additional AmountCommitted $-623.97

FMSProjectNumber J78911 TotalCommitted ToDate $7,871.91

P~vious AmountCommitted $8,495.88

(5BA)

Total: ContractType Contract Start Date 06/17/1998 T IQ Design PayeeName Address: and AM FERNANDEZ 9092 S WOLF RD WILLOW SPRINGS IL 60480-1622

($623.97)

$8,495.88 DaysAllowedfor Payment by Prompt Payment Act 30 Contractor'sTaxpayerlD No. 33-6467812 Parent Company TaxpayerID No. [] [] [~ [~ [] [] Q Contractor Address Change Parent Co. PaysTax Small Business MinodtyBus.Enterprise Women-owned Business LaborSurplusArea Educ./Non-Proflt

$7,871.91

]

'~;nt~ct EndDate 0/15/1998

Remarks Created by Completion Balancing Procedure

Contracting O~cerNameandSignature SYED Z AH~ED App~vingO~cialTitle, Address, andPhoneNumber(708)563-7202 MANAGER ADMINISTRATIVE SERVICES CENTRA~ ILLINOIS DISTRICT [DateSigned

PreparedBy IMOGENE B NICKERSON (708) 563-7200 ContactPe~on MICHELE D MCDANIEL 6801 W 73RD STREET

6801 73RD w sT

BEDFORD

PARK IL 60499-9991

694

BEDFORD IL6o499-9991

Case 1:98-cv-00868-FMA
~ UNITED .~T,']TES POST,,']L,~Ef~VlCE.

Document 98-3

Filed 04/06/2005

Page 6 of 40

Indefinite Quantity Contract/Services
RenewalOption 3rd Renewal Option Work Order Number 54.00 Date 02/25/2005

WorkDescription ABC P~MP _LOBBY

RENOVATI

Facility Location ST ANNE, IL -

MAIN OFFICE

Base Contract Rate INVEST. PROJECT SURVEYS MANAGER $81.65 $72.10 $68.04

Quantity of Time 12.00 8.00 12.00

Amount $979.80 $576.80 $816.48 $2,373.08

SENIOR ARCHITECT/ENGINEER CADD OPEP~%TOR

DESIGN SERVICES PROJECT [~L~NAGER SENIOR ARCHITECT/ENGINEER CADD OPEP~TOR CLERICAL

$81.65 $72.10 $68.04 $36.70

12.00 30.00 40.00 4 . 00

$979.80 $2,163.00 $2,721.60 $146.80 $6,011.20

Professional Hours Subtotal:

$ 8,3 8 4.2 8

IQCHOURS, October 1995

Case 1:98-cv-00868-FMA

Document 98-3

Filed 04/06/2005

Page 7 of 40 ~ UNITEDST/3TES II POST/]L SERVICE.
Date 02/25/2005

Indefinite
Contract Number 162640-94-J-0136

Quantity Contract/Services

Manager SAMUEL W SOUTHERN

WorkDescription ABC P~h[vJP & LOBBY RENOVATI

~

RenewalOption

I WorkOrder O_~tio~n Number I~4.00 - MAIN OFFICE

List of Miscellaneous Items:

$.00
Total of Miscellaneous items: Travel Expenses: Per Diem Amount Lodging Amount Other Expense Mileage Amount $.00 $.00 $.00 $111.60

$0.00

Travel AmountSubtotal: WorkOrder Total:

$8,495.88

696
IQCSMISC, October 1995

Case 1:98-cv-00868-FMA
~ UNITED STATES POST.dLSERVICE.

Document 98-3

Filed 04/06/2005

Page 8 of 40

Indefinite Quantity Contract/Services
Renewal Option 3rd Renewal Option WorkOrder Number 54.00 Da~ i02/25/2005

Contract Number !62640-94-J-0136 SAMUEL WorkDescription ABC RAMP & LOBBY RENOVATI Pr~ectAuthorizationNumber 9-4J-166936-C-049

W SOUTHERN

~cili~ Location ST ANNE, IL - MAIN OFFICE Stag Date 06/17/1998 U.S. PostalSewice CENTraL ILLINOIS 6801 W 73RD ST BEDFORD PARK IL 60499-9991 )) Performance Time 120 days

Pr@ect Number J7891!

Contractor AM FERNANDEZ 9092 S WOLF RD WILLOW SPRINGS IL 60480-1622

Phone:(

)-

Fax:( Phone (

Consultant Name

Authorized Signature

Date

Contracting Officer

Date

ROBERT Attachments: Summary this WorkOrder: of Total Miscellaneous: Total ItemsCost: Total TravelCost: WorkOrder total for 54.00 WorkOrder History: Scope Work: of SITE INVESTIGATIONS AND SURVEY DESIGN

A RIGSBY

$ 0.00 $ 8,384.28 $111. 60 $8, 495,88

FOR ABC RAMP & LOBBY

RENOVATION:

The A/E shall provide all professional services necessary to include the development of drawings, final working drawings and specifications for the construction of a new Handicap Accessibility Ramp and lobby renovations for subject facility. A detailed construction budget estimate for each phase of work as determined by construction design shall also be a part of this scope. Note: The A/E shall be required following : to install on the final drawing end specifications the

I CERTIFTY THAT THESE DRAWINGS AND THE ACCOMPANYING SPECIFICATIONS ARE IN COMPLIANCE THE U.S.P.S. STANDARDS AS PROMULGATED IN THE HANDBOOK RE-4 "STANDARDS FOR FACILITY ACCESSIBILITY BY THE PHYSICALLY HANDICAPPED. "

WITH

697
IQCSMAIN. October 1995

Case 1:98-cv-00868-FMA
~ UNITED ST/3TES POST/3LSERVICE.

Document 98-3

Filed 04/06/2005

Page 9 of 40

Indefinite Quantity Contract/Services
W SOUTHERN 3rd Renewal Facility ~ocation Option ]54.00 [02/25/2005

162640-94-J-0136 WorkDescription ABC ~.MP ~OBBY

SAMUEL RENOVATI

ISTANISE,

IL - MAIN OFEICE Quantity of Time 12.00 8.00 12.00 $979.80 $576.80 $816.48 $2,373.08

Base Contract Rate INVEST. PROJECT SURVEYS MANAGER $81.65 $72.10 $68.04

SENIOR ARCHITECT/ENGINEER CADD OPEraTOR

DESIGN

SERVICES $81.65 $72.10 $68.04 $36.70 12.00 30.00 40.00 4.00 $979.80 $2,163.00 $2,721,60 $146.80 $6,011.20

PROJECT MANAGER SENIOR ARCHITECT/ENGINEER CADD OPEraTOR CLERICAL

Professional Hours Subtotal:

$8,384.28

698
IQCHOURS, October 1995

Case 1:98-cv-00868-FMA

Document 98-3

Filed 04/06/2005

Page 10 of 40

Indefinite
Contract Number 162640-94-J-0136

Quantity Contract/Services

~--~ UNITEDST/JTES ~ POST/3L SERVICE.

I

Manager SAMUEL W SOUTHERN

WorkDescription ABC P~.MP & LOBBY RENOVATI

~

RenewatOption O__ption 54.00 ~Work Order Number Facility Location

IST ANNE, IL - MAIN OFFICE

List of Miscellaneous Items: $.00 Total of Miscellaneous items: Travel Expenses: Per Diem Amount Lodging Amount Other Expense Mileage Amount $.00 $.00 $.00 $111.60

$0.00

Travel Amount Subtotal: WorkOrder Total:

$8,495.88

699
IQCSMISC, October 1995

Case 1:98-cv-00868-FMA
U.S. POSTAL

Document 98-3
SOLICITATION:

Filed 04/06/2005
CONSTRUCTION

Page 11 of 40

SERVICE

i. SOLICITATION NUMBER: 162640-94-A-0026 2.. SOLICITATION INFORMATION: a. Issue Date : 01/25/94 b. Return Date: February 25, 1994 c. Return Time: 3:00 P.M. local time d. Contact : Frank T. Sugino e. Telephone : (312} 765-5342 3, ISSUED BY: Facilities Service Office U.S. Postal Service - Suite 1200 222 S. Riverside Plaza Chicago, IL 60606-6150

f. Return to Address: Facilities Service Office U.S. Postal Service - Suite 222 S. Riverside Plaza Chicago, IL 60606-6150

1200

PROJECT NAME A~D LOCATION: Indefinite Quanity Contract General Construction Work North Central Illinois Area Zip Codes 604, 605 and 609

5. Sealed offers (in eriginal and 1 signed copies) for furnishing the supplies services described in this solicitation will be received at the place specified (and, if hand-carried, in) until the date and time (local time of the place specified) shown in Block 2. All offers are subject to the provisions, representations, certifications, specifications and contract clauses which follow or which are incorporated by reference, whether or not all of such attac~ad pages are returned with the offer. 6. NOTES TO OFFERORS: Contract period is 24 months. Work will be done on work orders issued for various amounts and types of work. Offer will be mutliplier of the unit prices. Multiplier must contain offeror's overhead, profit and all other cost of doing business. Contract will be for general construction work on various postal facilities at predetermined unit prices. Specific work orders will be issued for not less than $500.00 each ngr more than $i00,000.00 each during this contract. Total quantit -r of work under this contract will not be less than $I0,000.00 nor more than $300,000.00 for each ~rey MAY BE AWARDED AT THE DISCRETION OF THE CONTRACTING REFER OFFICER. M,

ONE OR MOR~/CONTRACTS

EVALUATION CRITERIA IN ADDITION ITEM M.2 FOR FURTHER DETAILS. THIS IS NOT A PUBLIC CONTRACT AWARD. OPENING.

TO PRICE

HAVE EEEN SPECIFIED.

TO SECTION

NO INFORMATION

WILL BE PROVIDED

UNTIL

TI.ME.0F

THE TWO ACCEPTABLE METHODS OF SUBMITTING A PROPOSAL A~E MAILING VIA THE U. SERVICE OR HAND CARRYING BY A REPRESENTATIVE OF THE SUSMITTING FIRM. A PROPOSAL BOND IS NO___~T REQUIRED. ZIF+4 MUST BE INCLUDED IN YOUR PROPOSAL.

S. POSTAL

7. ACCEPTANCE: In compliance with this solicitation the undersigned offers and agrees, this offer is accepted within calendar days (60 calendar daye unless different period is inserted by the offeror) from the solicitation return date, to furnish any or all items upon which prices are offered at the same price set opposite each item, delivered at the designated point(s), within the time(s) specified in solicitation. Noie: - Offer~ mush set forth full, accurate, and complete information as required this solicitation (including attachments). The penalty for making false statements offers is prescribed in iB U.S.C. i001. Cover Page by

Case 1:98-cv-00868-FMA Document 98-3 Filed 04/06/2005 U.S. POSTAL SERVICE SOLICITATION: CONSTRUCTION
SOLICITATION NUMBER: 162640-94-A-0026 SOLICITATION INFORMATION: a. Issue Date : 01/25/94 b. Return Date: 02/25/94 c. Return Time: 3:00 pm, local time d. Contact : Frank T. Sugino e. Telephone : (312) 765-5342 3. ISSUED BY: Facilities Service Office U.S. Postal Service - Suite 1200 222 S. Riverside Plaza Chicago, IL 60606-6150 NOTES TO OFFERORS CONTINUED:

CONTINUED

Page 12 of 40

f. Return to Address: Facilities Service Office U.S. Postal Service - Suite 222 S. Riverside Plaza Chicago, IL 60606-6150

1200

4.

PROJECT NA~E AND LOCATION: Indefinite Quantity Contract General Construction Work North Central Illinois Area Zip Codes 604, 605 and 609

THIS IS NOT A PUBLIC OPENING. NO INFORMATION WILL BE PROVIDED UNTIL CONTRACT AWARD. AWARDED MAy BE MADE WITH OR WITHOUT DISCUSSIONS. A PROPOSAL BOND IS NO___~T

TIME OF

REQUIRED. ZIP+4 MUST BE INCLUDED IN OUR PROPOSAL.

All offerors are required to submit submitting their proposal:

two sets of the following

information

when

i) 2) 3) 4)

Cover Page: Page I: Page 2: Pages 74-78:

Complete Block #7 Complete Blocks 4, 6 and 8 (Include Zip+ 4) Complete A.2 Acknowledgement Amendments (if applicable) All of Section L

of

701
Cover Page 2

Case 1:98-cv-00868-FMA

Document 98-3

Filed 04/06/2005

Page 13 of 40

162640-94-A-0026 TABLE OF CONTENTS PAGE

U.S.

POSTAL

SERVICE SERVICE: -

SOLICITATION: OFFER AND AWARD

CONSTRUCTION (CONSTRUCTION).

.... .

....

Cover

Page

U.S. POSTAL PART SECTION A.I A.2 A.3 SECTION B.I B.2 B.3 I

SCHEDULE

....................

2 2 2 2 2A 3 3 3 3

A - ITEMS AND PRICES .............. REQUIRED BOND AMOUNTS (Clause FB-201) (November 1988) . ACKNOWLEDGMENT OF ~MENDMENTS (Clause FB-!99) (August 1988) EXAMPLE OF PROPOSAL MULTIPLIER ............ B - SPECIFICATIONS/STATEMENT OF WORK .......... STATEMENT OF WORK~SPECIFICATIONS (Clause FB-7) (June 1988) ENGLISH LANGUAGE REQUIREMENT OF ON-SITE SUPERINTENDENT . . (Clause FB-38) (June 1988) QUANTITY OF.WORK (INDEFINITE-QUANTITY) (Clause FB-248) (March 1989) C - DELIVERY/PERFORF~NCE ........... NOTICE OF DELAY (Clause B-15) (October 1987) ¯ SUSPENSIONS AND DELAYS (Clause B-16) (October 1987) EXCUSABLE DELAYS (Clause B-19) (October 1987) ...... SHOP DRAWINGS, COORDINATION DRAWINGS, AND SCHEDULES .... (Clause 11-20) (October 1987) RECORD "AS BUILT" DRAWINGS (Clause ii-21) (October 1987) SPARE-PARTS DATA (Clause 11-22) (October 1987) ..... WARRANTY (CONSTRUCTION) (Clause 11-25) (October 1987) SAMPLES (Clause 11-28) (June 1988) .......... WORKING HOURS (CONSTRUCTION) (Clause FB-202) ..... (June 1988) OPTIONAL MATERIALS OR METHODS (CONSTRUCTION) . . ~ .... Clause FB-244) (June 1988) INDEFINITE-QUANTITY CONTRACT (CONSTRUCTION) ...... Clause FB-249) (June 1988) PROPOSALS (INDEFINITE-QUANTITY) .............. Clause FB-250) (June 1988) WORK ORDERS (INDEFINITE-QUANTITY) (Clause FB-251) . . . June 1988) TIHE FOR COMPLETION (INDEFINITE-QUANTITY) ........ Clause FB-252) (June 1988) SCHEDULING WORK (INDEFINITE-QUANTITY) (Clause FB-253) June 1988) D - PACKAGING AND MARKING ......... IDENTIFICATION OF CONTRACT DELIVERABLES . (Clause FB-19) (June 1988) ....... .......

SECTION C.I C.2 C.3 C.4 C.5 C.6 C.7 C.8 C.9 C.10 C.II C. 12 C.13 C.14 C.15

4 4 4 4 5

i0 10 ii II

SECTION D.I

12 12

SECTION E - INSPECTION AND ACCEPTANCE ............... E.I INSPECTION AND ACCEPTANCE--CONSTRUCTION (Clause !i.-ii) (October 1987) E.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR) ....... (Clause FB-21) (June 1988) i

13 13 13

702

Case 1:98-cv-00868-FMA
162640-94-A-0026

Document 98-3

Filed 04/06/2005

Page 14 of 40

TABLE OF CONTENTS E.3 INSPECTIONS, CONTRACT (INDEFINITE-QUANTITY) COMPLETYON, AND CLEANING (Clause FB-261) (June UP

PAGE 13

SECTION F.I F.2 F.3

F - PAYMENT AND FUNDING ........... PAYMENT (CONSTRUCTION)(~lause 11-10)}AugUst ~988) PAYMENTS (INDEFINITE-QUANTITY) (Clause FB-254) (June PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (Clause FB-272) (March 1989) CLAUSES AND ATTACHMENTS ............

14 14 15 15

PART 2 SECTION G.I G.2 G.3 G.4 G.5 G.6 G.7 G.8 G.9 G.10 G.II G.12 G.13 G.14 G.15 G.16 G.17 G.18 G.19 G.20 G.21 G.22 G.23 G.24 G.25 G.26 G.27 G.28 G.29

23 23 23 23 23 24 24 24 25 25 25 25 26 26 26 27 27 27 28 28 29 29 3O 3O 3O 3O 31 31 32 32 32

G - SPECIAL CLAUSES .............. PERFORMANCE AT OCCUPIE~ ~OST~'PRE~ISES (Clause B-27) (October 1987) CONDITIONS AFFECTING THE WORK (Clause ii-I) (October 1987) DIFFERING SITE CONDITIONS (Clause 11-2) (October 1987) PERFORMANCE OF WORK BY CONTRACTOR (Clause 11-3) .... (October 1987) SUPERINTENDENCE BY CONTRACTOR (Clause 11-4) (October 1987) MATERIALS AND WORKMANSHIP (Clause 11-5) (June 1988) USE OF PP~MISES (Clause ii-6) (October 1987) OTHER CONTRACTS (Clause 11-7) (October 1987) SUBCONTRACTS (CONSTRUCTION) (Clause 11-8) (October PERMITS AN~ RESPONSIBILITIES (Clause 11-9) (October 1987) BUILDING CODES, FEES, AND CHARGES (Clause 11-12) . . (October 1987) PROTECTION OF EXISTING VEGETATION, STRUCTURES, UTILITIES, AND IMPROVEMENTS (Clause 11-13) (October 1987) HEAT (Clause ii-14) (October 1987) ....... . . . DEBRIS AND CLEANUP (Clause 11-15) (October 1987) . . . MEASUREMENTS (Clause 11-16) (October 1987) SURVEY MONUMENTS AND BENCH MA/tKS (Clause ii-17) .... (October 1987) SPECIFICATIONS AND DRAWINGS (Clause 11-18) (October 1987) STANDARD ~EFERENCES (Clause 11-19) (october 1987) . POSTAL SERVICE OCCUPANCY (Clause 11-24) (October 1987) CHANGES (CONSTRUCTION) (Clause 11-26) (October ACCIDENT PREVENTION (Clause 11-27) (June 1988) . ACCESS TO SITE (Clause FB-44) (June 1988) ..... IDENTIFICATION OF CONTRACTOR'S VEHICLES ..... (Clause FB-45} (June 1988) . . . CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (Clause FB-49) (June 1988) . . . INDEMNIFICATION (Clause FB-203) (June 1988) . . ¯ DEFINITION OF TERMS USED IN CONTRACT DOCUMENTS CONSTRUCTION (Clause FB-235) (June 1988) U.S.D.A. QUAR/LNTINED AREAS (CONSTRUCTION) ..... (Clause FB-243) (June 1988) POSTAL SERVICE-FURNISHED PROPERTY ......... (Clause FB-255) (March 1989) SECURITY REQUIREMENTS (INDEFINITE-QUANTITY) .... (Clause FB-256) (June 1988) ii

703

Case 1:98-cv-00868-FMA

Document 98-3

Filed 04/06/2005

Page 15 of 40

162640-94-A-0026 TABLE G.30 G.31 G.32 G.33 G.34 G.35 OF CONTENTS PAGE 32 33 33 34 34 34

PROTECTION AND DAMAGE (INDEFINITE-QUANTITY) ........ (Clause FB-257) (June 1988) M~THOD (INDEFINITE-QUANTITY) (Clause FB-258) (June USE OF BUILDING FACILITIES .............. (Clause FB-259) (March 1989) INSPECTION OF SITE OR BUILDING (INDEFINITE-QUANTITY) . . (Clause FB-260) (June 1988) SINGULAR NUMBERS (INDEFINITE-QUANTITY) (Clause FB-262) (June 1988) BUILDER'S RISK INS~CE. . .............. (Clause FB-263) (March 1989) H GENERAL CLAUSES ............... DEFINITIONS (Clause B-I) (June 1988) ........... ASSIGNMENT OF CLAIMS (Clause B-8) (October 1987) . . CLAIMS AND DISPUTES (Clause B-9) (June 1988) . PRICING OF ADJUSTMENTS (Clause B-~0) (October 1987) TERMINATION FOR CONVENIENCE (Clause B-If) (October 1987) TERMINATION FOR DEFAULT (Clause B-13) (October 1987) EXAMINATION OF RECOP~S (Clause B-14) (October 1987) ADVERTISING OF CONTRACT AWARDS (Clause B-25) (June 1988) OFFICIALS NOT TO BENEFIT (Clause 1-4) (October 1987) GRATUITIES (Clause 1-5) (October 1987) ......... CONTINGENT FEES (Clause 1-6) (Octc~'er 1987) ........ PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA .... (Clause 5-22) (October 1987) SUBCONTRACTOR COST OR PRICING DATA (Clause 5-23) ..... (October 1987) PRICE REDUCTION FOR DEFECTIVE COST OR PRICING ....... DATA-MODIFICATIONS (Clause 5-24) (October 1987) SUBCONTRACTOR COST OR PRICING DATA-MODIFICATIONS ..... (Clause 5-25) (June 1988) BANKRUPTCY (Clause 6-1) (January 1991) .......... ADDITIONAL BOND SECURITY (Clause 7-2) (October 1987) DEPOSIT OF ASSETS INSTEAD OF SURETY BONDS (Clause 7-3) (December 1989) INSURANCE (Clause 7-4) (June 1988) .......... FEDERAL, STATE, AND LOCAL TAXES (SHORT FORM) (Clause 7-7) (June 1988) AUTHORIZATION AND CONSENT (Clause 9-2) (October 1987) . NOTICE AND ASSISTANCE BEGARDiNG PATENT AND COPYRIGHT . . . INFRINGEMENT (Clause 9-3) (October 1987) PATENT INDEMNITY (Clause 9-4) (October 1987) ....... PARTICIPATION OF SMALL, MINORITY-OWNED, .......... AND WOMAN-OWNED BUSINESSES (Clause i0-I) (December 1989) CONVICT LABOR (Clause 10-3) (October 1987) ...... CONTRACT WORK HOURS AND SAFETY STANDARDS ......... ACT--OVERTIME COMPENSATION (Clause 10-4) (April 1989) DAVIS-BACON ACT (Clause 10-5) Alternate I (April 1989) CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--SAFETY . . STANDARDS (Clause 10-7) (April 1989)

SECTION H.I H.2 H.3 H.4 H.5 H.6 H.7 H.8 H.9 H.10 H.II H.12 H.13 H.14 H.15 H.16 H.17 H.18 H.19 H.20 H.21 H.22 H.23 H.24

35 35 35 35 37 37 40 41 41 41 41 42 42 42 43 43 43 44 44 44 45 45 45 46 46

H.25 H.26 H.27 H.28

47 47 48 52

704

Case 1:98-cv-00868-FMA
162640-94-A-0026

Document 98-3

Filed 04/06/2005

Page 16 of 40

TABLE H.29 H.30 H.31 H.32 H.33 H.34 H.35 SECTION'I PART SECTION J.l J.2 J.3 J.4 Jo5 J.6 J.7 J.8 J.9 3 -

OF CONTENTS

PAGE 52 53 58 59 61 62 52 64 65 65 65 65 65 66 66 66 66 67 67

EQUAL OPPORTUNITY (Clause 10-9) (October 1987) . AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (Clause i0-i0) (October 1987) AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (Clause 10-15) (October 1987) AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS . OF THE VIETNAM ERA (Clause 10-16) (October 1987) PREFERENCE FOR DOMESTIC CONSTRUCTION MATERIALS .... (Clause 10-18) (December 1989) CLEAN AIR AND WATER (Clause 10-19) (October 1987) DRUG-FREE WORKPLACE (Clause 10-20) (December 1989) LIST OF ATTACHMENTS PROVISIONS ............... ..............

SOLICITATION

J - INSTRUCTIONS TO OFFERORS ....... ¯ . . .... PREPARATION OF PROPOSALS (Provision A-l)" ALTERNATE II (March 1989) SUBMISSION OF PROPOSALS (Provision A-2) (October 1987) MODIFICATION OR WITHDRAWAL OF PROPOSALS (Provision A-3) . (October 1987) LATE SUBMISSIONS AND MODIFICATIONS OF PROPOSALS ...... (Provision A-4) (October 1987) ACKNOWLEDGHENT OF SOLICITATION AMENDMENTS (Provision A-5) (October 1987) EXPLANATION TO PROSPECTIVE OFFERORS (Provision A-6) . . (October 1987) RESTRICTION ON DISCLOSURE AND USE OF DATA ....... (Provision A-7) (June 1988) INFORMATION ON "EQUAL" PRODUCTS (Provision OA-I) (June 1988) . SUBMISSION OF FINANCIAL STATEMENTS (Provision OA-27) . (July 1988) K - SOLICITATION NOTICES AND PROVISIONS ........... AWARD WITHOUT DISCUSSIONS (Provision A-9) ......... (October 1987) POSTAL-FURNiSHED PROPERTY OR SERVICES (Provision A-12) . (October 1987) LABOR INFORMATION (Provision A-13) (October 1987) . FAILURE TO SUBMIT PROPOSAL (Provision A-14) (October 1987) PROTESTS (Provision A-15) (October 1987) ....... BRAND NAME OR EQUAL (Provision 2-4) (February 1992) . . . o TYPE OF CONTRACT (Provision 5-1) (October 1987) PERFORMANCE BOND REQUIREMENTS (Provision 7-2) (October 1987) PAYMENT BOND REQUIREMENTS (Provision 7-3) (October 1987) . . . DEPOSIT OF ASSETS REQUIREMENTS (Provision 7-5) (October 1987) NOTICE OF REQUIREMENT FOR EQUAL OPPORTUNITY AFFIRMATIVE . . ACTION (Provision 10-6) (October 1987) POSTAWARD ORIENTATION CONFERENCE (Provision OA-5) ..... ALTERNATE I (March 1989)

SECTION K.I K.2 K.3 K.4 K.5 K.6 K.7 K.8 K.9 K.10 K. II K.12

69 69 69 69 69 69 69 70 70 71 71 71 72

705

Case 1:98-cv-00868-FMA

Document 98-3

Filed 04/06/2005

Page 17 of 40

162640-94-A-0026 TABLE OF CONTENTS K.13 K.14 SECTION L.I L.2 L.3 L.4 L.5 L.6 L.7 L.8 ACCESS NOTICE TO POSTAL BUILDING OF PREAWARD SURVEY (Provision (Provision OA-12) OA-34) (March 1989) (June 1988) PAGE 72 72 74 74 75 76 76 77 77 78 78

L - REPRESENTATIONS AND CERTIFICATIONS . ....... TYPE OF BUSINESS ORGANIZATION (Provision A-20) . . . (December 1989) PARENT COMPANY AND TAXPAYER IDENTIFICATION NUMBER ..... (Provision A-21) (October 1987) AUTHORIZED NEGOTIATORS (Provision A-22) (October 1987) . CERTIFICATE OF INDEPENDENT PRICE DETERMINATION .... (Provision i-i) (October 1987) CONTINGENT FEE REPRESENTATION (Provision 1-2) (October 1987) CERTIFICATION OF NONSEGREGATED FACILITIES (Provision 10-3) (October 1987) BUY AMERICAN CERTIFICATE--CONSTRUCTION MATERIALS ..... (Provision 10-8) (October 1987) CLEAN AIR AND WATER CERTIFICATION (Provision 10-9) .... (October 1987)

SECTION M.I M.2

M - EVALUATION AND AWARD FACTORS .............. 79 CONTRACT AWARD (Provision A-8) ALTERNATE II (February 1992) CONTRACT AWARD AND PROPOSAL EVALUATION ....... 79A No. of Paqes

U.S. POSTAL

SERVICE

PERFORMANCE

BOND

......

V

706

Case 1:98-cv-00868-FMA
U.S. POSTAL CONTRACT SERVICE:

Document 98-3
AND AWARD

Filed 04/06/2005

Page 18 of 40

OFFER

(CONSTRUCTION) NUMBER: 162640-94-A-0026

NUMBER:

2. SOLICITATION

a. ISSUED BY: Facilities Service Office U.S. Postal Service - Suite 1200 222 S. Riverside Plaza chicago, IL 60606-6150

b. FOR INFOP~MATION CALL: Name: Frank T. Sugino Title: Architect/Engineer Room: Suite 1200 Tel: (312) 765-5342 (No Collect Calls)

4. a. OFFEROR/CONTRACTOR bo Contact Name: c. Telephone No: do TIN: e. Parent TIN: TIN=Taxpayer Identification (If different from above)

Number

f. Remittance

Name and/or

Address:

5. DELIVERY/PERFORMAnCE REQUIREMENTS: See Section C

6.

ITEMS & PRICES/GENERAL

DESCRIPTION

OF REQUIREMENT:

INDEFINITE QUANTITY CONTRACT GENERAL CONSTRUCTION WORK NORTH CENTRAL ILLINOIS AP~A ZIP CODES 604, 605 and 609 CONTRACT VALUE $300,000.00

The contractor agrees to perform all work included or ordered pursuant to and in accordance with the terms and conditions of the contract for the unit prices listed on the price schedule times the multiplier listed below: Multiplier: 7. BILLING INSTRUCTIONS (Submit Facilities Service Office 222 South Riverside Plaza 8. SIGNATURE: OFFEROR~CONTRACTOR Invoices to): U.S. Postal Service - Suite Chicago, IL 60606-6150 U.S. POSTAL SERVICE

1200

Signature

Date

Signature

Award

Date

Typed or Printed Person Authorized Distribution:

Name of to Sign Offer - File

Title

Larry L. Linnenburger Name of Contracting Officer

Original

Copy - Contractor

Page 1 of 79

7t)7

Case 1:98-cv-00868-FMA
162640-94-A-0026

Document 98-3

Filed 04/06/2005

Page 19 of 40
A

Section PART i - SCHEDULE

SECTION

A - ITEMS AND PRICES

A.I

REQUIP~ED

BOND AMOUNTS

(Clause : :

FB-201)

(November

1988)

Performance Bond Payment Bond

$300,000.00 $150,000.00 is given in the following and payment bond (Provision (August 1988) numbered and

Additional information on bond requirements provisions: performance bond (Provision 7-2), A.2 ACKNOWLEDGMENT OF AMENDMENTS (Clause FB-199)

7-3).

The offeror acknowledges dated as follows: Amendment Number Date

receipt

of amendments

to the solicitation

Amendment

Number

Date

708
Page 2 of 79

Case 1:98-cv-00868-FMA
162640-94-A-0026

Document 98-3

Filed 04/06/2005

Page 20 of 40
Section A

A.3

Example

of Proposal

Multiplier

The following is an example of how the multiplier arbitrary Postal Service Unit Price of $20. 1. If the offeror's MULTIPLIER IS:

is to be shown,

based

on an

price is $23 (increase): $23 = $20 1.15 ; OR: (Decimal) ONE-POINT.ONE-FIVE (In Words)

2.

If the offeror's MULTIPLIER IS:

price is $15 (decrease): $15 = $20 0.75 ; OR: (Decimal) ZERO-POINT.SEVENTY-FIVE (In Words) is to be shown, based on a

The following is an example percentage difference: i.

of how the multiplier

If the offeror's

price is the SAME as the unit price: 1.0 (Decimal) ; OR: ONE-POINT.ZERO (In Words) lower than the unit price

If the offeror's (MINUS):

price

is 12 percent

0.88 ; OR: (Decimal) If the offeror's (PLUS) price is 12 percent

ZERO-POINT.EIGHTY-EIGHT (In Words) higher than the unit price

1.12 (Decimal)

; OR: ONE-POINT.ONE-TWO (In Words) may be

Regardless of the number of unit prices shown, only one multiplier shown. This multiplier will be used against all unit prices. DO NOT use percentages to show the multiplier.

WAGE ~ATES: For the purposes of determining the prevailing rates for corresponding classes of laborers and mechanics as required by the Davis-Bacon Act, the "Building" construction sections of the applicable wage determination shall be used for all work under this contract. Section Section "I".

709
Page 2A of 79

Case 1:98-cv-00868-FMA
162640-94-A-0026

Document 98-3

Filed 04/06/2005

Page 21 of 40
B

Section

SECTION

B - SPECIFICATIONS/STATEMENT

OF WORK

B.I

STATEMENT

OF WORK/SPECIFICATIONS

(Clause

FB-7)

(June

1988)

The contractor must furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified) to perform the statement of work/specifications incorporated by reference in Section I. B.2 ENGLISH LANGUAGE REQUIREMENT (Clause FB-38) (June 1988) OF ON-SITE SUPERINTENDENT

The contractor's on-site superintendent English to the extent necessary to permit Service personnel. B.3 QUANTITY OF WORK (INDEFINITE-QUANTITY) (March 1989)

must be able to speak, read, and write reasonable communication with Postal

(Clause

FB-248)

a. The initial contract value is $300,000.00 where the total quantity of work ordered during the term of this contract will not be less than $i0,000 nor more than one million dollars ($i,000,000). The Post~l Service reserves the option to increase the potential value of the contract in increments of $300,000 not to exceed $i,000,000. Additional consent of surety will be required for each incremental increase. b. Adjustments, if required, in quantities listed in the work made on the basis of actual, quantities, approved, and installed in the final work. c. The contractor work requi~ed will not be required to perform a job where order will be and/or removed

the value

of the

in any one building

is less than $500 per work order.

d. The Postal Service reserves the right to undertake, by Postal Service sources or others, the same type of work or similar work as contracted for in this contract, in the area covered by this contract, while this contract is in force.

710
Page 3 of 79

Case 1:98-cv-00868-FMA
162640-94-A-0026

Document 98-3

Filed 04/06/2005

Page 22 of 40
C

Section

SECTION

C - DELIVERY/PERFORMANCE

C.I

NOTICE

OF DELAY (Clause

B-15) (October

1987)

Immediately upon becoming aware of any difficulties that might delay deliveries under this contract, the contractor will notify the contracting officer in writing of them. The notification must identify the difficulties, the reasons for them, and the estimated period of delay anticipated. Failure to give notice may preclude later consideration of any request for an extension of contract time. C.2 SUSPENSIONS AND DELAYS (Clause B-16) (October 1987) contract is

a. If the performance of all or any.part suspended, delayed, or interrupted by-I. An order contract; or or act of the contracting

of the work of this

officer

in administering

this

2. By a failure of the contracting officer to act within the time specified in this contract--or within a reasonable time if not specified--an adjustmen. will be made for any increase in the cost of performance of this contract caused by the delay or interruption (including the costs incurred during any suspension or interruption). An adjustment will also be made in the delivery or performance dates and any other contractual term or condition affected by the suspension, delay, or interruption. However, no adjustment may be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract. b.
t

A claim under this clause

will not be allowed--

io For any costs incurred more than 20 calendar days before the contractor has notified the contracting officer in writing of the act or failure to act involved; and 2. Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract. C.3 EXCUSABLE DELAYS (Clause B-19) (October 1987)

a. Except with respect to defaults of subcontractors, the contractor will not be in default by reason of any failure in performing this contract in accordance with its terms (including any failure by the contractor to make progress in the prosecution of the work that endangers performance) if the failure arises out of causes beyond the control and without the fault or negligence of the contractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in its sovereign capacity or the Postal Service in

Case 1:98-cv-00868-FMA
162640-94-A-0026 (Continued)

Document 98-3

Filed 04/06/2005

Page 23 of 40
Section C

its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the contractor. b. If failure to perform is caused by the failure of a subcontractor to perform or make progress and arises out of causes beyond the control of both the contractor and subcontractor, and without the fault or negligence of either of them, the contractor will not be deemed to be in default, unless i. The supplies or services obtainable from other sources; to be furnished by the subcontractor are

~2. The contracting officer orders the contractor supplies or services from other sources; and 3. The contractor fails to comply reasonably

in writing

to procure

the

with the order.

c. Upon request of the contractor, the contracting officer shall ascertain the facts and extent of failure, and if the contracting officer determines that any failure to perform was occasioned by any of the said causes, the delivery schedule shall be revised accordingly, subject to the rights of the Postal Service under any termination clause included in this contract. d. As used in this clause, the terms subcontractor(s) at any tier. C.4 SHOP DRAWINGS, COORDINATION DRAWINGS, (Clause 11-20) (October 1987) "subcontractor" and "subcontractors" mean

AND SCHEDULES

a. The contractor will submit shop drawings, coordination drawings, and schedules for approval as required by the specifications or requested by the contracting officer, as follows: I. Shop drawings will include fabrication, erection, and setting drawings, schedule drawings, manufacturer's scale drawings, wiring and control diagrams, cuts or entire catalogs, pamphlets, descriptive literature, and performance and test data. 2. Drawings and schedules, other than catalogs, pamphlets, and similar printed material, must be submitted in reproducible form with two prints made by a process approved by the contracting officer. Upon approval, the reproducible form will be returned to the contractor which must furnish the number of additional prints, not to exceed ten, required by the Special Conditions of the specifications. The contractor must submit shop drawings in catalog, pamphlet, and similar printed form in a minimum of four copies plus as many additional copies as the contractor may desire or need or for use by subcontractors. b. Before submitting shop drawings on the mechanical and electrical work, the contractor must obtain the contracting officer's approval of lists of mechanical and electrical equipment and materials as required by the specifications. c. The contractor will check the drawings and schedules and coordinate them (by means of coordination drawings whenever required) with the work of all trades

Page 5 of 79 712

Case 1:98-cv-00868-FMA
162640-94-A-0026 C.4 (Continued)

Document 98-3

Filed 04/06/2005

Page 24 of 40
C

Section

involved before submission, indicating approval on them. Drawings and schedules submitted without evidence of the contractor's approval may be returned for resubmission. d. Each shop drawing or coordination drawing must have a blank area 5 by 5 inches, located adjacent to the title block° The title block must display-i. Number 2. Date 3. Name and title of drawing; or revision; building or facility; of subcontractor submitting

of drawing of project

4. Name of contractor drawing; 5. 6. Clear identity Project

and (if appropriate)

of contents

and location number.

on the work;

and

title and contract

e. Unless otherwise provided in this contract, or otherwise directed by the contracting officer, shop drawings, coordination drawings, and schedules must be submitted to the contracting officer, with a letter in triplicate, sufficiently in advance of construction requirements to permit at least I0 working days for checking and appropriate action. f. Except as otherwise provided in paragraph g below, schedules will be general and may not be construed as-approval of drawings and

1. Permitting any departure the contractor of responsibility and materials; or 3. Approving officer. departures from

from the contract requirements; 2. Relieving for any errors, including details, dimensions,

full-size

details

furnished

by the contracting

g. If drawings or schedules show variations from the contract requirements because of standard shop practice or for other reasons, the contractor must describe the variations in the letter of transmittal. If acceptable, the contracting officer may approve any or all variations and issue an appropriate change order. If the contractor fails to describe these variations, it will not be relieved of the responsibility for executing the work in accordance with the contract, even though the drawings or schedules have been approved. C.5 RECORD "AS BUILT" DRAWINGS (Clause 11-21) (October 1987)

a. The contractor must, during the progress of the work, keep a master set of prints on the job site, on which is kept a careful and neat record of all deviations from the contract drawings prepared by the architect-engineer made during the course of the work. b. Upon completion of the project, these "as built" prints must be certified as to their correctness by the signature of the contractor and turned over to the

Page 6 of 79 713

Case 1:98-cv-00868-FMA
162640-94-A-0026 C.5 (Continued) architect-engineer C.6 SPARE-PARTS

Document 98-3

Filed 04/06/2005

Page 25 of 40
Section C

for use in preparing 11-22) (October

a permanent 1987)

set of "as built"

drawings.

DATA (Clause

a. The contractor must furnish spare-parts data for each different item of equipment furnished. The data must include a complete list of parts and supplies, with current unit prices and sources of supply; a list of parts and supplies that are either normally furnished at no extra cost with the purchase of the equipment, or specified to be furnished as part of the contract; and a list of additional items recommended by the manufacturer to ensure efficient operation for a period of 180 days at the particular installation. b. The foregoing does not relieve the guarantees specified. C.7 WABRANTY (CONSTRUCTION) (Clause the contractor of any responsibilities under

Ii-25)

(October

a. Unless otherwise provided in the specifications, the contractor warrants that all work is in accordance with contract requirements and free from defective or inferior materials, equipment, and workmanship for one year after the date of final acceptance under this contract. b. If, within the warranty period, the contracting officer finds that warranted work needs to be repaired or changed because the materials, equipment, or workmanship were inferior, defectiv~ or not in accordance with the contract terms, the contractor must promptly and without additional expense to the Postal Service-i. Place in a satisfactory condition all of the warranted work;

2. Satisfactorily correct all damage to equipment, the site, the building, or its contents that is the result of such unsatisfactory work; and 3. Satisfactorily correct fulfilling the warranty. any work, materials, or equipment disturbed in

c. Should the contractor fail to proceed promptly in accordance with the warranty, the Postal Service may have the work performed at the contractor's expense. d. The contractor must obtain each transferable guarantee or warranty of equipment, materials, or installation furnished by any manufacturer, supplier, or installer in the ordinary course of the business or trade. The contractor must obtain and furnish to the Postal Service all information required to make any such guarantee or warranty legally binding and effective, and must submit both the information and the guarantee or warranty to the Postal Service in sufficient time to permit the Postal Service to meet any time limit requirements specified in the guarantee or warranty or, if no time limit is specified, before completion and acceptance of all work under this contract. C.8 SAMPLES (Clause 11-28) (June 1988)

a. After contract award, the contractor must furnish samples required by the specifications or by the contracting officer, for the contracting officer's

Pageof79 7

714

Case 1:98-cv-00868-FMA
162640-94-A-0026 C.8 (Continued)

Document 98-3

Filed 04/06/2005

Page 26 of 40
C

Section

approval. They must be delivered to the contracting officer or to the architect as specified or as directed. The contractor must prepay all shipping charges on samples. Materials or equipment for which samples are required may not be used in the work until the contracting officer approves in writing. b. i. 2. 3. 4. 5. Each sample must be labeled building to show-or facility, project title, and contract number;

Name of project

Name of contractor Identification

and (if appropriate) or equipment,

subcontractor; with specification requirement;

of material and

Place of origin; Name of producer

and brand (if any). markings that will

c. Samples of~finish materials must have additional identify them under the finish schedules.

d. The contractor must mail under separate cover a letter in triplicate submitting each shipment of samples and containing the information required in paragraphs b and c above. The contractor must also enclose a copy of that letter with the shipment and send a copy to the Postal Service representative on the project. Approval of a sample is only for the characteristics ~r use named in the approval and may not be construed to change or modify any contract requirement. Substitutions are not permitted unless approved in writing by the contracting officer. e. Approved samples not destroyed in testing will be sent to the Postal Service representative at the project. Approved samples of hardware in good condition will be marked for identification and may be used in the work. Materials and equipment incorporated in the work shall match the approved samples, samples not destroyed in testing and not approved will be returned at the contractor's expense if the contractor so requests at time of submission. f. Failure of any material to pass the specified tests will be sufficient cause for refusal to consider, under this contract, any further samples of the same brand or make of that material. The Postal Service reserves the right to disapprove any material or equipment that has previously proved unsatisfactory in service. g. Samples of materials or equipment delivered on the site or in place may be taken by the Postal Service representative for testing. Failure of a sample to meet contract requirements will automatically void previous approvals of the item tested. The contractor must replace materials or equipment found not to have met contract requirements, or there will be a proper adjustment of the contract price as determined by the contracting officer. h. Except as otherwise specified, if tests are called for in the specifications, the contractor must pay all costs of these tests. When tests are not specifically called for in the specifications but are required by the Postal Service, the Postal Service will pay all costs of the tests and related engineering services unless the tests indicate that the workmanship or materials

Page 8 of 79

715

Case 1:98-cv-00868-FMA
162640-94-A-0026 C.8 (Continued)

Document 98-3

Filed 04/06/2005

Page 27 of 40
C

Section

used by the contractor are not in conformance with drawings, specifications, approved shop drawings, or the approved materials. In this event, the contractor must pay for the tests, remove all work and material failing to conform, and replace with work and materials in full conformity. All tests pertaining to physical or chemical properties of materials must be made in a laboratory approved by the contracting officer. C.9 WORKING HOURS (CONSTRUCTION) (June 1988) (Clause FB-202)

a. It is contemplated that all work will be performed during the customary working hours of the trades involved unless otherwise specified in this contract. Work performed by the contractor at its own volition outside such customary working hours shall be at no additional expense to the Postal Service. b. The contractor must refer to the contracting officer any requests occupants of buildings included in the contractor's work area to change of work. C.IO OPTIONAL MATERIALS OR METHODS (Clause FB-244) (June 1988) (CONSTRUCTION) from the hours

Where the technical provisions permit materials, items, systems or equipment, to the following conditions: a. Once an option entire contract. has been selected

the Contractor to select optional the selection of such options is subject

and approved,

it must be used for the

b. The contractor must coordinate its selection with the drawings specifications and make all necessary adjustments without additional Postal Service. C.II INDEFINITE-QUANTITY CONTRACT (Clause FB-249) (June 1988) (CONSTRUCTION)

and cost to the

a. This indefinite-quantity contract will include all services described in Section B, Specifications or Statement of Work, ordered during the 24-month period beginning on the day following the date on which the contract is signed by the latter of the parties to sign it. b. The price per unit of each proposal item in this contract will include all materials, labor, and equipment required to perform the work described in the attached specification. The work will be done on work orders issued as required for various amounts and types of work covered by the specification. The work ordered under this contract will be performed in, on, or adjacent to Postal Service-owned or -leased facilities within North Central, Illinois. c. The contracting officer may designate representative for this work. a contracting officer's

Page of79 9

716

Case 1:98-cv-00868-FMA
162640-94-A-0026

Document 98-3

Filed 04/06/2005

Page 28 of 40
C

Section

C. 12

PROPOSALS (INDEFINITE-QUANTITY) (Clause FB-250) (June 1988) a. It is estimated that some of the work required under this contract will be performed during premium time (not regular working hours). For the purpose this contract, regular working hours are between 8:00 a.m. and 5:00 p.m., Monday through Friday. Work ordered to be accomplished during premium time will be paid at a higher rate. The individual items of such work will be increased by 25 percent when listed on the work order. Those items will be identified as "premium time prices" by an increased unit price and noted in the scope of work to the work order form. b. The contract amount for each work order will be the total of each unit price included in that order, times the quantity required, times the multiplier entered on the proposal. This amount includes all profit, overhead, bonds, insurance, and other contingencies and no allowance for such items will be made after contract award. c. Any change in the applicable minimum hourly rates of wages as determined by the Secretary of Labor pursuant to the Davis-Bacon Act during the contract period will not affect the unit price to be paid by the Postal Service for work performed under the contract. d. Proposals may include all items as listed on the price schedule. Deletion of or changes to the unit prices or items of work shown on the price schedule will be cause for rejection of the proposal.

C. 13

WORK ORDERS (INDEFINITE-QUANTITY) (June !988)

(Clause

FB-251)

a. No work will be performed until a written work order has been signed by the contractor and the contracting officer and written Notice to Proceed with the work under the work order has been issued by the contracting officer and received by the contractor. Any work performed by the contractor under a work order before receipt of the written Notice to Proceed for that work order will be at the contractor's own risk. b. Each work order will describe the extent of work to be removed and the extent and type of new work to be installed. Descriptions may be written, by sketch or by drawing. Each work order will give the location where work is to be performed, state whether work may be performed during regular working hours, and describe the requirements for submittals. Submittals may include certificates, shop drawings, manufacturer's literature, data, test reports, and/or other documents that provide required information on the material or equipment. c. Each work order will be limited to work at a single facility.

d. The date for beginning work under a work order may not be less than three calendar days nor more than ten calendar days from the date of receipt the contractor of the Notice to Proceed. Upon beginning work, the contractor will proceed diligently toward contract completion. Any delay in the work beyond the contractor's control, may be reported to the contracting officer or a designated representative, immediately, e. Each work order will be considered separately for all items in the contract,

Page i0 of 79

717

Case 1:98-cv-00868-FMA
162640-94-A-0026 C.13 (Continued)

Document 98-3

Filed 04/06/2005

Page 29 of 40
C

Section

such as scope of work and time for completion. f. Items of work required by any work order that are not covered by the price schedule will be negotiated for each work order before the work order is issued, provided, however, that the cost of work not covered by the price schedule may not exceed 25 percent of the total amount of any work order. g. The maximum amount of any one work order is $i00,000. for site purchased

ho No work may be ordered for a new building construction except preparation and/or foundation work for a pre- engineered building directly from the manufacturer. C. 14 TIM~ FOR COMPLETION (INDEFINITE-QUANTITY) (Clause FB-252) (June 1988)

a. The time for completion of the work required by each work order stated on each work order before the work order is issued.

will be

b. The contractor may be required to work during premium time, as well as during regular working hours for work orders requiring urgent completion. Unit prices will be applied accordingly. c. The contractor is required to perform all work under a work order for which a Notice to Procee$ has been issued and received before the expiration date of the contract. If the Notice to Proceed under a work order is not received by the contractor before the expiration date of the contract, the work order will be considered terminated for the convenience of the Postal Service. C.15 SCHEDULING WORK (INDEFINITE-QUANTITY) (June 1988) (Clause FB-253)

a. Before any work is started, the contractor must confer with the contracting officer's representatives and agree on a sequence of procedures: means of access to premises and building, delivery of materials, and use of approaches; use of corridors, stairways, elevators, and similar means of communications; and the location of partitions, eating spaces for contractor's employees, and the like. b. Mail docks will not be made available for loading, unloading, fabrication of material except during hours specifically approved Postmaster. storage, by the or

c. Contractor's employees must not park vehicles in customer parking areas. Contractor's employees may park vehicles in Postal parking areas only if spaces are available and only with prior approval of the Station Manager/Postmaster.

Page ii of 79

718

Case 1:98-cv-00868-FMA
162640-94-A-0026

Document 98-3

Filed 04/06/2005

Page 30 of 40
D

Section

SECTION

D - PACKAGING

AND MARKING

D.1

IDENTIFICATION OF CONTRACT DELIVERABLES (Clause FB-19) (June 1988) Unless otherwise specified, the cover submitted by the contractor to the Postal include the following information: a. b. Name and business Contract number. location of the Postal Service's contracting address page of each document prepared and Service under this contract must

of the contractor.

c. Name, position, and office officer's representative. d. Date of report.

Page 12 of 79 7]9

Case 1:98-cv-00868-FMA
162640-94-A-0026

Document 98-3

Filed 04/06/2005

Page 31 of 40
E

Section

SECTION

E -

INSPECTION AND ACCEPTANCE

E.1

INSPECTION AND ACCEPTANCE--CONSTRUCTION (October 1987)

(Clause

Ii-II)

a. Postal Service inspection of material and workmanship reasonable times at the site or off-site as the contracting

will be made at officer may direct.

b. If the contractor does not promptly replace rejected material or correct rejected workmanship, the Postal Service may, by contract or otherwise, replace or correct it and charge the cost to the contractor. c. The contractor must furnish (without charge) all facilities, labor, and materials neededto conduct inspections and tests as required by the contracting officer. The contractor will be charged any additional costs of inspection if material and workmanship are not ready at the time specified by the contractor for inspection. d. The Postal Service may examine completed work by removing or tearing it out. The contractor must replace or correct any work found not to conform to contract requirements. If work is torn out and found to comply with contract requirements, the contracting officer must make an equitable adjustment for the services provided for the inspection and replacement of the work. e. The Postal Service will inspect the work as soon as practicable after completion. Acceptance by an authorized Postal Service representative is conclusive except in the case of latent defects, fraud, gross mistakes amounting to fraud, or Postal Service rights under any warranty or guarantee. E.2 CONTRACTING OFFICER'S REPRESENTATIVE (Clause FB-21) (June 1988) (COR)

A contracting officer's representative (COR) will be appointed by the contracting officer. The name, address, telephone number, and specific responsibilities and limitations of the COR will be provided to the contractor writing by the contract start date. The COR may be changed at any time by the Postal Service without prior notice to the contractor but notification of the change, including the name and address of the successor COR, will be promptly provided to the contractor by the contracting officer in writing. E.3 INSPECTIONS, CONTRACT (INDEFINITE-QUANTITY) COMPLETION, AND CLEANING (Clause FB-261) (June UP

in

Notification of completion and request for inspection of work will be required for each work order. See the Inspection and Acceptance (Construction) clause this contract.

Page 13 of 79

720

Case 1:98-cv-00868-FMA
162640-94-A-0026

Document 98-3

Filed 04/06/2005

Page 32 of 40
F

Section

SECTION

F - PAYMENT

AND FUNDING

PAYMENT

(CONSTRUCTION)

(Clause

ii-i0)

(August

a. The Postal Service will make progress payments monthly or at more frequent intervals as determined by the contracting officer. Before the first progress payment becomes due, the contractor must prepare a breakdown of the contract price acceptable to the contracting officer. The values in the breakdown will be used for determining progress payments. The contractor's overhead and profit must be prorated through the life of the contract. b. If the contract price is more than $50,000, material delivered that will be incorporated into the structure may be taken into consideration in computing progress payments. Before each payment is made, the contractor must furnish to the contracting officer proof of the quantity, value, and delivery of materials. c. In making progress payments, the contracting officer will ordinarily retain five percent of the progress payments earned. However, if the contracting officer, at any time after 50 percent of the work has been completed, finds that satisfactory progress is being made, the contracting officer may authorize payment in full of all progress payments earned. Also, if the contracting officer considers the amount retained to be in excess of that adequate for the protection of the Postal Service, the contracting officer may release to the contractor all or a portion of the excess whenever the work is substantially complete. On completion and acceptance of each separate building, public work, or other division of the contract, on which the price is stated separately in the contract, payment may be made without retention. d. All material and work covered by progress payments will be the sole property of the Postal Service. However, this paragraph d does not (i) relieve the contractor of responsibility for all material and work for which payment has been made or for restoration of any damaged work or (2) waive the right of the Postal Service to require fulfillment of all the contract terms. e. Before receiving a progress payment or final payment under this contract, the contractor must certify to the contracting officer that payment due subcontractors or suppliers under contractual arrangements with them has been made from the proceeds of prior payments or will be made in timely fashion from the payment then due the contractor. f. Upon completion and acceptance of all work, the amount due the contractor under this contract must be paid upon the presentation of a properly executed invoice, after the contractor has furnished the Postal Service with a release of all claims against the Postal Service arising by virtue of this contract, other than claims in stated amounts that must be specifically excepted by the contractor from the operation of the release. If the contractor's claim to amounts payable under the contract has been assigned as provided in the Assignment of Claims clause, a release may also be required of the assignee.

Page 14 of 79

721

Case 1:98-cv-00868-FMA
162640-94-A-0026

Document 98-3

Filed 04/06/2005

Page 33 of 40
F

Section

F.2

PAYMENTS Clause issued.

(INDEFINITE-QUANTITY) i~-I0, Payment

(Clause

FB-254) applies

(June individually to each work order

(Construction)

Fo3

PROMPT PAYMENT (March 1989)

FOR CONSTRUCTION

CONTRACTS

(Clause

FB-272)

Notwithstanding any other payment terms in this contract, the Postal Service will make invoice payments and contract financing payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made. All days ~:eferred to in this clause are calendar days, unless otherwise specified. (~) Invoice Payments. of invoice

(i) For purposes of this clause, there are several types payments which may occur under this contract, as follows:

(i) Progress payments, if provided for elsewhere in this contract, based Contracting Officer approval of the estimated amount and value of work or services performed, including payments for reaching milestones in any project: (A) The due date for making such payments shall be 14 days after receipt of the payment request by the designated billing office, except as may be modified in accordance with paragraph FB 272-2 (herein). (B) The due date for payment of any amounts retained by the Contracting Officer in accordance with the clause, FB 272-1, Progress Payments Under Fixed-Price Construction Contracts, shall be 30 days after approval for release to the Contractor by the Contracting Officer. (ii) Final payments based on completion and acceptance of all work and presentation of release of all claims against the Postal Service arising by virtue of the contract, and payments for partial deliveries that have been accepted by the Postal Service (e.g., each separate building, or other division of the contract for which the price is stated separately in the contract): (A) The due date for making such payments shall be either the thirtieth day after receipt by the designated billing office of a proper invoice from the Contractor, or the thirtieth day after Postal Service acceptance of the work or service~ completed by the Contractor, whichever is later. (B) On a final invoice where the payment amount is subject to contract settlement actions (e.g., release of claims), acceptance shall be deemed to have occurred on the effective date of the contract settlement. (2) An invoice is the Contractor's bill or written request for payment under the contract for work or services performed under the contract. An invoice shall be prepared and submitted to the designated billing office. A proper invoice must include the items listed in subdivisions (a)(2)(i) through (a)(2)(ix) this clause. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within seven days after receipt of the invoice at the designated billing office. Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor in Page 15 of 79

722

Case 1:98-cv-00868-FMA
162640-94-A-0026 F.3 (Continued) the manner described

Document 98-3

Filed 04/06/2005

Page 34 of 40
F

Section

in paragraph

(a)(4) of this clause:

(i) Name and address (ii) Invoice date.

of the Contractor.

(iii) Contract number or other such authorization for work or services performed (including order number and contract line item number). (iv) Description (v) Delivery of work or services terms performed. payment discount terms).

and payment

(e.g., prompt

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (vii) Name (where practicable), title, phone number, to be notified in event of a defective invoice. and mailing address

persons

(viii) For payments described in subdivision (a)(1)(i) of this substantiation of the amounts requested and certification in accordance with the requirements of the clause, FB 272-1, Progress Payments Under Fixed-Price Construction Contracts. (ix) Any ,ther information or documentation required by the contract.

(3) An interest penalty shall be paid automatically by the designated payment office, without request from the Contractor, if payment is not made by the due date and the following conditions are met, if applicable: (i) A proper invoice was received by the designated billing office.

(ii) A receiving report or other Postal Service documentation authorizing payment was processed and there was no disagreement over quantity, quality, Contractor compliance with any contract term or condition, or requested progress payment amount. (iii) In the case of a final invoice for any balance of funds due the Contractor for work or services performed, the amount was not subject to further contract settlement actions between the Postal Service and the contractor. (4) The interest penalty shall be at the rate established by the Secretary the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 UoS.C. 611) that is in effect on the day after the due date, except where the interest penalty is prescribed by other governmental authority. The interest penalty shall accrue daily on the invoice payment amount approved by the Postal Service and be compounded in 30-day increments inclu