Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:98-cv-00868-FMA

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--S OLI CEF-~-TJO N:--1.62.E~0=gE=A=0:~ 81 SECTIONF - PAYMENT FUNDING AND
J

SECTIONF

F,I

PROMPTPAYMENT FOR CONSTRUCTION CONTRACTS (ClauseFB-272)(May1994~lnterim)

Notwithstanding other payment any termsin this contract, the Postal Servicewill make invoice payments contract financing payments and underthe termsand conditions specified in this clause, payment shall be consideredas being made the day the checkis dated or an on electronic funds transfer is made. daysreferred to in this clauseare calendardays,unless All otherwise specified. Invoice payments. 1. For purposesof this clause, there are several types of invoice payments which may occurunderthis contractas follows: Progresspayments, providedfor elsewhere this contract, basedon if in (a) ¯ Contracting Officer approvalof the estimatedamount value of the work or and servicesperformed, including payments reaching for milestones anyproject: in (1) Thedue date fo[,~aking payments shall be 14 days after receipt the payment request the designated by billing office, except as mayI~e modified in accordancewith paragraph FB 272-2 (herein). (2) The due date for payments retained by the Contracting Officer accordance with clause FB 272-1, ProgressPayments under Fixed-Price Construction Contracts,shall be 30 daysafter approvalfor release to the Contractor the Contracting by Officer.(b) Final payments basedon the completion and acceptanceof all work and presentation releaseof all claimsagainstthe Postal Serviceadsingby virtue of of the contract, andpayments partial deliveries that havebeenaccepted the for by Postal Service(e.g., eachseparate building, or other division of the contractfor which pdce statedseparately the contract). the is in (1) Theduedate for making suchpayments shall be either the thirtieth dayafter receipt by the designated billing office of a proper invoicefromthe Contractor,or the thirtieth dayafter Postal Serviceacceptance the work of or servicescompleted the Contractor,whichever later. by is (2) Ona final invoice wherethe payment amount subject to contract is settlementoptions (e.g., release of claims), acceptance shall deemed have occurred the effective date of the contractsettlement. on

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SOLICITATION: 162640-96-A-0281

SECTIONF

2. Aninvoice is the Contractor'sbill or written requestfor payment underthe contract for work or services performed under the contract. An invoice shall be preparedand submitted the designated to billing office. A properinvoicemust includethe itemslisted in subdivisions a.Z(a) througha.Z(i) of this clause. If th6 invoice doesnot comply theserequirements, Contractor the will be notified of the defectwithin seven daysa~erthe receipt of the invoiceat the designated billing office. Untimely notification will be taken into account the computation anyinterest penaltyowed Contractorin the manner in of the described paragraph of this clause: in a.4. (a) Name address the Contractor; and of

(b) Invoice date; (c) Contract number other such authorization for workor services performed or (including order number contract line item number); and (d) (e) Description the workor servicesperformed; of Delivery andpayment terms(e.g., promptpayment discountterms);

(t') Name addr.e_.ssef Contractorofficial to whom and payment to be sent is (mustbe the same that in the contractor in a propernotice of assignment); as (g) Name (wherepra~:ticel), title, telephone number, mailing address and of person(s) be notified in the eventof a defective to invoice; (h) For payment described subdivisiona.l.(a) of this clause, substantiation in the amounts requestedand certification in accordance with the requirements of clause FB 272-1, Progresspayments UnderFixed-Price Construction Contracts; and (i) Anyother informationor documentation requiredby the contract.

3. Aninterest penalty shall be paid automaticallyby the designated payment office, without request from the Contractor, if payment not made the duedate and the " is by followingconditions met,~f applicable: are (a) A proper invoice wasreceived the designated by billing office;

(b) A receiving report or other Postal Ser'cice documentation authorizing payment processedand there wasno disagreement was over quantity, quality, Contractor compliance anycontracttermor condition, or with requestedprogress payment amount;and

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SOLtCITATION: 1626A0-~-A-0281

SECTIONF

(c) In the caseof a final invoice for any balance fundsduethe Contractorfor of workor services performed,andthe amount not subject to further contract was settlementac'Jons between PostalServiceandthe contractor. the 4. The interest pena!ty shall be at the rate established by the Secretary of the Treasury underSection12 of the Contracts Disputes of 1978 U.S.C.611) that is Act (41 effect on the day after the duedate, exceptwhere interest penaltyis prescribedby the other governmental authority. Theinterest penalty shall accruedaily on the invoice payment amount approved by the Postal Service and be .compoundedin 30-day increments incJusivefrom the first day after the duedate throughthe payment date. That is, interest accrued the endof any30-day at periodwill be added the approved to invoice payment amount be subject to interest penalties if not paid in the succeeding and 30-day l~edod, the designated if billing office failed to notif'y the Contractor a defective of invoice within the period prescribed subparagraph of this clause, then the duedate on the in a,Z corrected invoice will be adjusted by subtracting the number days taken beyond of the prescribed notification of defectsperiod. Anyinterest penalfyowed Contractor be the MII basedon this adjusted duedate. Adjustments will be made the designatedpayment by office for errors in calculatingpenalties,if requested the Contractor. by (a) For the sole purposeof computing interest penalty that might be duethe an Contractorfor payments describedin subdivision a.l.(b) of this clause, Postal Service acceptance approvalshall be deemed haveoccurredconstructively or to on the seventhday after t.,h.e C'~ntractorhas completed workor servicesin the accordance the terms~ndconditionsof the contract. In the eventthat actual with acceptance approval occurs within the constructive acceptance approval or or period,the determination an interest penaltyshall be based the actual dateof of on acceptanceer approval. Constructive acceptance or constructive approval requirementsalso do not compelPostal Service officials to accept work or services, approve Contractorestimates,performcontract administrationfunctions, or make payment to the Contractor prior fulfilling responsibilities. (b) Thefollowing periodsof time will not be includedin the determination an of interest penalty: (1) Thepedodstaken to notify the Contractor of defects in invoices submitted the Postal Service, but this period may exceed to net seven days; and (2) The period betweenthe defects notice and resubmission of the correctedinvoice by the Contractor. (c) Interest penalties will not continueto accrueafter the filing of a claim for such penalties under the Disputes Clause, er for morethan 1 year. Interest penaltiesof less than$1 need be paid. not

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SOLICITATION: 162640--96-A-0281

SECTION F.

(d) Interest penalties are not required on.payment delays due to disagreement betw~Lan Postal Serviceandthe Contractorover the payment the amount other --'1 or issues involving contract compliance,or on amounts temporarily withheld or retainedin accordance the termsof the contract. Claims with involving disputes andany interest that maybe payablewill be resolvedin accordance the DisputesClause. with $. An interest penalty shall also be paid automatically by the designatedpayment office, without request from the Contractor, if a discountfor promptpayment taken is improperly.Theinterest penaltywill be calculatedon the amount discounttakenfor the of period beginning with the first day after the endof the discountperiod throughthe date when Contractor paid. the is b. Contract Financing Payments. For purposesof this clause, if applicable "contract financing payments" means Postal Service disbursement moniesto a Contractor under a a of contract clauseor other authorizationpdor to acceptance supplies or servicesby the Postal of Service, other than progress paymentsbased on estimates of amountand value of work performed.Contract financing payments include advance payments interim payments and under cost-typecontracts. If tNs contract providesfor contract"~nancing, requestsfor payment shall be submitted to the designated billing office as speU~ed the this contract or as directed by-the contracting in officer. Contractfinancingpayments shall be made the thirtieth dayafter receipt of a proper by contractfinancing requestby the designated billing office. In the eventthat an audit or other review of a specific financing request is required to ensurecompliance with the terms and conditions of the contract, the designated payment office is not compelled make to payment by the date specified. For advance payments,loans or other arrangements that do not involve recurrent submissions contract financing requests, payment of shall be made accordance in with the corresponding contract termsor as directed by the ContractingOfficer. Contractfinancing payments shall not be assessed interest penaltyfor payment an delays. c. TheContractorshall include in eachsubcontractfor property or services (including materialsupplier)for the purposes performing contractthe following: of this 1. A payment clause which obligates the Contractor to pay the subcontractor foe satisfactory performance underits subcontract later than sevendaysfromthe receipt not of payment of suchamounts are paid to the Contractor out as underthis contract; 2. Aninterest penaltyclausewhich obligates the Contractor payan interest penalty to for eachpayment made accordance not in with the payment clause:

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_SDJ. [C.EA~I_OJ:~I~I_6.2640- 281 _ 96-A-O

SECTIONF

For the period beginning the day after the required payment date and (a) endingon the date on whichpayment the amount is made, of due and (b) Computed the interest rate establishedby the Secretary of the Treasury at for interest payments underSection12 of the ContractsDisputesAct of 1978(41 U.S.C.611) in effect at the time the Contractor accrues obligation to pay and the interest penalty,anti (c) A clause requiting eachsubcontractor to include a payment clause and interest penalty clause in eachof its subcontractsandto require eachof its subcontractors include suchclausesin their subcontracts to with eachlower-tier subcontractor supplier. or d. Theclausesrequired by paragraph of this c]auseshall not be construed impair the c. to right of Contractor subcontractor any tier to negotiate,andto include in their subcontract or at provisionswhich: 1. Permit the Contractor or subcontractor to retain (without cause)a specified. percentage eachprogresspayment of otherwise dueto a subcontractorfor satisfactory performance underthe subcontract without incurring any obligation to pay a late payment interest penalty, in accordance the termsandconditionsagreedto by the parties to with the subcontract, giving suchrecognitign~as parties deem the appropriate the ability of a to subcontractorto furnish a performance bondanda payment bond; 2. Permitthe Contractor a subcontractor make determination or to a 1hat part or all of the subcontractor's request for paymentmaybe withheld in accordancewith the subcontract agreement; and ;3. Permit suchwithholding without incurring any obligation to pay a late payment penalty ~f: (a) A notice conformingto the standards of paragraphg. of this clause has beenpreviouslyfurnishedto the subcontractor, and (b) A copy of any notice issued by a Contractorpursuantto subdivision d.3.(a) of this clausehasbeen furnishedto the Contracting Officer. e. If a contractor, after making request for payment the Postal Service, but, before a to makinga paymentto a subcontractor for the subcontractor's performancecovered by the paymentrequest, discovers that all or a portion of the paymentotherwise due such subcontractors is subject to withholding from the subcontractor in accordancewith the subcontract agreement, then the Contractorshall:

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SOLICITATION: 162640-96-A-0281

SECTIONF

1. Furnishthe subcontractor notice conforming the standards paragraph of a to of g. this clause as soon as practicable uponascertaining the cause giving rise to a withholding,but, prior to the duedatefor subcontractor.payment; Furnish the Contracting Officer, as soonas practicable, a copy of the notice fumished subcontractor the pursuant subparagraph of this clause; to e,i, 3. Reduce the subcontractor's progress payment an amountnot to exceedthe by amount specified in the notice of withholdingfurnished undersubparagraph of this e.1. clause. 4. Paythe subcontractor soonas practicable after the correctionof the identified as subcontractperformance deficiency, and (a) Make such payments within: (1) Seven days after correction of the identified subcontradt performance deficiency unlessfunds therefor mustbe recoveredfrom the Postal Service because a reduction undersubdivision e.&(a) of this of clause, or :.~ (2) Seven day" after the Contractorrecovers suchfunds from the Postal Service;or (b) Incur a late paymentinterest penalty computed the interest rate at establishedby the Secretaryof the Treasuryfor interest payments underSection 12 of the ContractsDisputes of 1978(41 U.S.C.611)in effect at the time the Act Contractor accrues obligation to payandinterest penalty; the Notify the Contracting Officer upon: (a) Reduction of the amountof any subsequentcertified payment;or application for

~ (b) Paymentto the subcontractor of any Mthheld amountsof a progress payment specifying: (1) (2) Theamounts withheld undersubparagraph of this clause; and e.1. Thedates suchwithholding beganand ended;and

6. Be obligated to pay to the Postal Service an amount equal to interest on the withheld payments (computed the manner in providedin 31 U.S.C. 3903(c)(1)), from 8th dayafter receipt of the withheldamounts the PostalService from until-

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SOLICITATION: 162640-96-A-0281

SECTIONF

(a) Theday the identified subcontractor performance deficiency is corrected; (b). Thedate that any subsequent payment reducedundersubdivision e.5.(a) is of this clause. If a Contractor,after making payment a first-tier subcontractor, to receives froma supplieror subcontractor the first-tier subcontractor of (hereafterreferredto as a "secondtier subcontractor") written notice in accordance Section2 of the Act of August a with 24, 1935 U.S.C. (40 2701b, Miller Act), asserting deficiencyin suchfirst-tier subcontractor's a performance underthe contract for whichthe Contractormay ultimately ~iable andthe be Contractor determines all or a portionof future payments that otherwise suchfirst-tier due subcontractoris subject to withholding in accordance with the subcontractagreement, then the Contractor may,without incurring an obligation to pay an interest penaltyunder subparagraph of this clausee.6. (a) Furnishto the first-tier subcontractor notice conforming the standards a to paragraph go of this clause as soon as practicable upon making such determination;and (b) Withholdfrom the first-tier subcontractor'snext available progresspayment or payments amountnot to .exceed the amountspecified in the notice of an withholding furnished under sub.division f.l.(a) of this clause. 2. As soon-as practicable, but not later than seven daysafter receipt of satisfactory written notification that the identified subcontractperformance deficiency has been correctedthe Contractor shall pa); the amount withheldundersubdivisionf.l.(a) of this subparagraph suchfirst-tier subcontractor, shalt incur an obligation to paya later to or payment interest penaltyto suchfirst-tier subcontractor computed the rate of interest at established the Se~etary the Treasury interest payments by of for undersection 12 of the ContractDisputes of 1978 U.S.C.611)in effect at the time the Contractor Act (41 accrues the obligationto payan interest penalty. g. A written notice of anywithholdingshall be issuedto a subcontractor (with a copyto the Contracting Officer of anysuchnotice issuedby the Contractor),specifying(a) Theamount be withheld; to

(b) Thespecific causefor the withholding underthe termsof {he subcontract; and (c) Theremedial actions to be taken by the subcontractorin order to receive payment the amouhts of withheld. ¯ h. TheContractor maynot request payment from the Postal Service of any amount withheld or retainedin accordance paragraph of this clauseuntil suchtime as the Contractor with (d) has

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SOLICITATION: 162640-9~-A-0281

SECTIONF

determined certified to the ContractingOfficer that the subcontractor entitles to the and is payment such amount. of

-)

L A dispute between Contractorandsubcontractor the relating to the amount entitlement or of a subcontractor a payment a late payment to or interest penaltyundera clauseincludedin the subc~n!ract, pursu&nt paragraph of this clausedoesnot _constitutea ciispute to whichthe " to ¢o Postal Service or United States is a party. ThePost Service or Untied States maynot be interpleaded anyjudicial or administrative in proceeding involvingsucha dispute. Except provided paragraph of this c~ause, as in |. this clauseshall not limit or impairany contractual, administrative or judicial remediesotherwise available to the Contractor or subcontractor the event of a dispute involving late payment nonpayment the Contractor in or by or defident subcontractperformance nonperformance a subcontractor. or by k. TheContractor's obligation to pay an interest penalty to a subcontractorpursuantto the clausesincludedin a subcontract underparagraph of this clauseshall not be construed be c. to an obligation of the Postal Service or United States for such interest penalty. A cost reimbursement claim may include any amount reimbursement suchinterest penalty. not for of FB 272-I PROGRESS PAYMENTS UNDERFIXED-PRICE CONSTRUCTION CONTRACTS

a. TheContractorshall fumisha'breakdown the total contract price showing amount of the included therein for eachprincipal category of work, in such detail as requestedby the ContractingOfficer, to provide a basis for determining progress payments, payment or shall not be made. b. Alongwith eachrequestfor progress payments, contractor shall ~*urnishthe following the certification, or payment shall not be made: I hereby certify, to the bestof my knowledge belief, that: and 1. The amountsrequested are only for performance in accordance with the specifications,terms,andconditions the contract; of 2. Paymentsto subcontractors and suppliers have been madefrom previous payments received under this contract, and timely payments will be .madefrom the proceeds the payment of coveredby this certification, in accordance with subcontract agreements the ~'equirements Chapter of Title 31, UnitedStates Code; and of 39 and 3. This request for progresspayments doesnot include any amounts whichthe prime contractorintendsto withholdor retain froma subcontractor supplierin accordance or with the ~erms conditionsof the subcontract. and

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SOLICITATION: 162640-96-A-0281

SECTION F

(TITLE) (DATE) ¢. If the Contractor,after making certified requestfor progress a payments, discovers that a portion, or all of suchrequestconstitutesa payment performance fails to conform the for that to specifications, terms, andconditionsof the contract(hereinafterreferred to as the "unearned amount"), Contractor the shall: 1. Notify the Contracting Officer of suchperformance deficiency;and

2. Be obligated to pay the Postal Service an amount (computed the Contracting by Officer in the manner providedin 31 U.S.C. 3£03(c)(1) equatto the interest on the unearned amount from the date of receipt of the unearned amount until: (a). The date the Contract.p.r notifies the Contracting Officer that the performance deficiency has beer corrected; or (b) Th'e date the Contractor reducesthe amount any subsequent of certified requestfor progresspayments an amount by equal to the unearned amount. d, In making these progresspayments, Postal Serviceshall, uponrequest, reimburse the the Contractor for the amount premiums of paid for performance and payment bonds(including coinsurance reinsurance and agreements applicable) after surety. Theretainageprovision when in paragraph of this clauseshall not applyto that portion of progress e. payments attributable to bondpremiums. FB 272-2 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS a. Contracting Officer may modifythe date in subdivisiona.l.(a)(1) of the cJause specify to period longer than 14 daysif requiredto afford the Postal Servicea practicableopportunityto inspect the work adequatelyand to determinethe adequacy the Contractor's performance of under contract. the b. TheContractingOfficer may modifythe date in subdivisiona.4.(a) of the clauseto specify a period longer than seven daysfor constructiveacceptance constructiveapprovalif required or to afford the Postal Servicea practicable opportunity to adequately inspect the workandto determine adequacy the Contractor'sperformance the of underthe contract.

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SOLICITATtON: 162£:~0-£6-A-O281 F.2 PAYMENT (CONSTRUCTION) (Clause 11.10) (August 1995/Interim)

SECTIONF

a. ThePostal Servicewill make progresspayments monthlyor at morefrequent intervals as determinedby the contracting officer. Before the first progresspayment becomes due, the contractor mustpreparee breakdown the contract price acceptable the contractingofficer. of to Thevaluesin the breakdow~ be usedfor dete,'Tnining progresspayments. contractor's " will The overhead profit must prorated and be through life of the contract. the b. If the contractprice is more than $50,000, matedal deliveredthat will be incorporated into the structure maybe taken into consideration in computing progresspayments.Before each payment made, contractor mustfurnish to the contractingofficer proo{ of the quantity, is the value, anddelive~of materials. c. In making progress payments, contractingofficer will ordinarily retain five percentof the the progress payments earned. However, the contractingofficer, at anytime after 50 percentof if the workhas beencompleted, finds that satisfactory progressis being made, contracting the officer may authorizepayment full of all progress in payments earned.Also, if the contracting officer considersthe amount retained to be in excess that adequate the protectionof the of for PostalService,the contracting officer may releaseto the contractorall or a portion of the excess whenever work is substantially complete.Oncompletionand acceptance eachseparate the of building, public work,or other division of th~ contract, on which price is statedseparately the in the contract, payment be made may without retention. d. A(I materialandworkcovered progress by payments be the sote propertyof the Postal will Service. However, this paragraph doesnot: d 1. relieve the contractorof responsibility for all materialandworkfor whichpayment has beenmade for restoration of any damaged or or work 2, waive dght of the PostalServiceto require fulfillment of a~l the contractterms. the e. Beforereceiving a progresspayment final payment or underthis contract, the contractor mustcertify to the contracting officer that payment subcontractorsor suppliers under due contractual arrangements themhas beenmade with from the proceeds prior payments will of or be made timely fashionfromthe payment duethe contractor. in then f. Upon completionand acceptance all work, the amount the contractor underthis .of due contract mustbe paid upon presentationof a properly executed the invoice, alter the contractor hasfurnishedthe PostalServicewith a releaseof all claimsagainstthe PostalServicearising by virtue of this contract, other than claimsin statedamounts mustbe specifically excepted that by the contractor from the operationof the release. If the contractor's claim to amounts payable underthe contract has been a~signed providedin the Assignment Claimsclause, a release. as of may also be requiredof the assignee.

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SOLICITATION: 162640-96-A-0281 F.3 PAYMENTS (INDEFINITE-QUANTITY) (Clause FB-254) (June

SECTIONF

Clause 11-10,Payment (Construction)applies individually to eachworkorder issued~ F.4 INVOICES (Clause B-20) (June 1988)

Thecontractor's invoices mustbe submittedto the Postal Servicebefore payment be can made. Thecontractor agreesthat the submission a paid invoice to the Postal Service for of b. payment certification that: is 1.. Anyservices being billed for havebeenperformed accordance in with the contract requirements;and 2. Anysupplies for whichthe Postal Service is being billed havebeenshippedor deliveredin accordance the shippinginstructions issuedby the contractingofficer in with the quantities shown the invoice, andthat the suppliesare in the quantity andof the . on qualityspecifiedin the contract. c. To ensurepromptpayment,a paid invoice mustbe submittedfor eachdestination. Each invoice mustcontain: .,: 1. 2. 3. 4. 5. 6. 7. 8. Contractor's name address; and Thecontract number; Anyapplicabletask or delivery order number; A descriptionof the suppliesor servicesandthe datedeliveredor performed; Thepoint of shipment delivery; or Anyapplicableunit prices andextensions; Shippingandpayment terms; and Anyadditional information requiredby the contract.

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SOLICITATION: 162640-96-A-0281 PART2 - CLAUSES AND ATTACHMENTS SECTION - SPECIALCLAUSES G G.1

SJECZJE)N

PERFORMANCEOCCUPIED AT POSTAL PREMISES (Clause B-27) (October 1987) In performing contract,the contractor this must 1. Comply with applicable Occupational Safety and Health Standards (29 CFR 1910) promulgated pursuant the authority of the Occupational to SafetyandHealthAct of 1970; 2. Comply with any other applicable Federal, State, or local regulations goveming workplace safetyto the extentthey do not conflict with a.1 above; and 3. Takeall other proper precautions to protect the safety and health of the contractor's employees, Postal Serviceemployees, the public. and

b. Thecontractormustcoordinate useof the premises its with the installation heed other or representative designated the contracting.,officer. Subjectsof this coordinationinclude the by designationof workandstorageareas; ,.the extent, if any, of use by the contractor of Postal Servicetools andequipment; furnishing by the contractorof appropriate the signs andbarricades to excludeunauthorizedpersonnelfrom the work areas and to call attention to hazardsand dangers; other mattersrelating to the protectionof Postal Serviceemployees property. and and G.2 CONDITIONS AFFECTING WORK THE (Clause 11-1) (October 1987)

Thecontractor is responsiblefor havingtaken steps reasonably necessary ascertain to the natureandlocation of the work,andthe generalandlocal conditionsthat canaffect the work or its cost. Anyfailure by the contractor to havedone doesnot relieve the contractor from so responsibility for successfullyperformingthe workwitho,ut additional expense the Postal to Service. ThePostal Serviceassumes responsibility for any understanding representations no or concerning conditions made any of its officers or agentsbefore executionof this contract, by unlesssuchunderstanding representations the Postal Serviceare expresslystated in the or by contract. G.3 DIFFERING SITE CONDITIONS (Clause 11-:2) (October 1987)

a. The contractor must promptly, and before the conditions are disturbed, notify the contracting officer in writing ofSubsurface latent physicalconditionsat the site differing materially fromthose or indicated this contract;or in

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SECTIONG

2. Previouslyunknown physical conditions at the site ~ an unusualnature differing materially fromthoseordinarily encountered generallyrecognized inherentin work and as of the character requiredin this contracL b. . Thecontractingoff~cer will promptly investigatethe conditions.If they are foundto differ materially from those indicated or anticipated andwill causean increaseor dec-ease the in contractor's cost of, or the time required for, performance any part of the Work of underthis contract(whether not changed a result of suchconditions),the contractorwill be entitled or as an equitable adjustment. o. Noclaimby the contractorfor an equitableadjustment underthis clausewill be allowed if asserted after final payment under this contract. G.4 PERFORMANCE WORKBY CONTRACTOR OF (Clause11-3) (October1987)

Thecontractormustperformon the site, with its ownorganization,workequivalentto at least 12 percent(unlessotherwiseset forth in the Schedule) the total amount workto of of performed underthis contract. Thepercentage workto be performed the contractor may of by be reduced the written approval the contracting with of officer. G.5 SUPERINTENDENCE BY CONTRACTOR (Clause 11..4) (October 1987)

Thecontractor must give personal sup'~rintendenceto the work or have a competent foreman superintendent, or satisfactory to the contractingofficer, on tee worksiteat all times duringprogress, authorityto act for the contractor. with G.6 MATERIALS WORKMANSHIP AND (Clause 11-5) (June 1988)

a. Unlessotherwisespecifically provided,all equipment materialsincorporated and into the work mustbe newandof the mostsuitable grade for the purposeintended. Unlessotherwise specifically provided,referenceto anyequipment, material, or patented process brandname, by make, catalog number or establishesa standardof quality only. Thecontractor maysubstitute anyequipment, material, or process that the contractingofficer finds to be equalto that named. Toobtainapproval usea different equipment, to material, or process,the contractormustfurnish the contracting officer the manufacturer's name, model the number, other identifying data and andinformation regardingthe nature andperformance the proposed of substitute. If requested by the contractingofficer, samples mustbe submitted approvalat the contractor's expense, for shippingcharges prepaid. Materialsor processes substituted without approvalmay rejected. be b. In the event of substitution in accordance with paragraph above,the contractor must a furnish to the contractingofficar for approvalthe manufacturer's name, model lhe number, and anyother relevant informationon the performance, capacity, nature, andrating of equipment or materials proposed substitution. for c. Thecontractor mustobtain the contracting officer's approvat of the machineryand mechanical equipment ir]corporated into the work.Thecontractormustsubmitsamples all of
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materials and equipmentas directed by the contracting officer ~.. spot,cations.

or as required by the

d. ,aJI workmustbe performed a skillful andworkmanlike in manner. c~ntracting officer The may,in writing, require the contractor to remove from the w~rkany employee contracting the officer deems incompetent, careless,or otherwise objectionable. G.7 USEOFPREMISES (Clause 11.~) (October 1987)

a. If the premisesare occupied, the contractor, any subcontractors, and their employees mustc~mplywith the regulations governingaccessto, operation of, and conductwhile on the premisesand mustperform the work required underthis contract so as not to unreasonably interfere with the conductof Postal Service businessor use and occupancy Postal Service by tenants. b. Anyrequests received by the ¢x~ntractor from occupantsto changethe sequence work of must referredto the contracting be officer for determination. c. The contractor, any subcontractors, and their employees will not haveaccessto any building outsidethe scope this contract, witho~ of permission the contracting of officer. G.8 OTHER CONTRACTS (Clause 11;~7) (October 1987)

ThePostal Servicemay award other contractsfor additional work,andthe contractor must cooperate fully with the other contractorsandPostal Serviceemployees carefully fit in its and ownwork as maybe directed by the contracting officer. Thecontractor must not commitor permitanyact that will interfere with the performance workby anyother contractoror by Postal of Service employees. G.9 SUBCONTRACTS (CONSTRUCTION) (Clause 11-~) (October 1987)

a. Nothingin this contract may construed create any contractual relationship between be to anysubcontractor the Postal Service. Thedivisions or sectionsof the specificat{onsare not and intended control the contractorin dividing the workamong to subcontractors, to limit the work or performed any trade. by b. Thecontractor is responsible to the Postal Service for acts and omissions of its own employees of subcontractors their employees. contractor is also responsiblefor the and and ]he coordination the workof the trades, subcontractors, supp(iers. of and c. ThePostal .Service will not undertaketo settle any differences among contractor, the subcontractors, suppliers. or

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SOLICITATION:162640-~-A-O281 G.10 PERMITS RESPONSIBILITIES AND (Clause 11.9) (October 1987)

SECTIONG.

Thecontractor is responsible, without additional expense the Postal Service, for to obtaining any necessary licenses andpermits, andfor complying with any applicable Federal, . State, andmunicipaliaws, codes,andregulationsin connection with the prosecution the work. of Thecontractoris responsible all damage persons propertythat occursas a result of its for to or negligence.Thecontractor musttake propersafety andhealth precautionsto protect the work, the workers,the public, andthe property of others. Thecontractor is responsiblealso for all materials delivered and work performed until completion and acceptance of the entire constructionwork,exceptfor any completed unit of constructionthat may havebeen accepted. G.11 BUILDING CODES, FEES, AND CHARGES (Clause 11-12) (October 1987) a. State and local building codesand regulations do not apply as a matter of law to work inside the property lines of Postal Service-owned properties but generally do apply to Postal Service-teased properties. In compliance with Postal Sarvic~policy, the contractor mustcomply with all Stateandlocal building coderequirements unlessotherwise specifically provided. b. Thecontractor mustpay all fees andcharges connections outside services andfor for to useof property outsidethe site. -~. G.12 PROTECTIONOF EXISTING VEGETATION, STRUCTURES, UTILITIES, IMPROVEMENTS (Clause 11-13) {October 1987) AND

a. Thecontractorwill preserve protect all existing vegetation(suchas trees, shrubs,and and grass) andstructureson or adjacent the site of workthat are not to be removed that do not to and unreasonablyinterfere with the construction work. Care will be taken in removingtrees authorizedby the contractingofficer for removal, avoiddamage vegetationthat will remain to to in place. Any limbs or branchesof trees brokenduring such operations or by the careless operation of equipment,or by workmen, will be trimmedwith a clean cut and painted with an approves[ tree pruningcompound directed by the contractingofficer. as Thecontractorwill protect fromdamage existing improvementsutilities at or nearthe all or b. site of the work,the location of v/nich is or shouldhave been known, w~ll repair or restoreany and damage thesefacilities resulting fromfailura to comply the requirements to with .of.this contractor to exercise reasonable in performing work.If the contractorfails or refusesto repair any care the such damage promptly, the contracting officer mayhave the necessarywork performedand charge cost to the contractor. the G,13 HEAT (Clause 11-14) (October 1987) Unless otherwisespecified, or unlessdirected otherwiseby the contractingofficer, the contractor must-

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~ L-ICIT-.~TION .--1-626~0--96=A~281 a. Provideheat as necessary protect all workmaterialsandequipment to againstinjury from dampness cold; and Protect, cover, and/or heat, as may necessary produceandmaintaina temperature be to b. of not less than 50 degrees Fahrenheit the concrete in during the placing, setting, andcuringof concrete, in the plaster duringthe application,setting, andcuringof plasteF,and and c. Provide heat as necessaryto produce in the area wherethe work is to be donea temperature not less than 70 degrees of Fahrenheitfor the period beginning10 daysbefore the placing of interior finishes andfinish materialsandcontinuinguntil completion beneficial of occupancy the area, of G.14 DEBRIS ANDCLEANUP (Clause 11-15) (October 1987) a. Thecontractor must,during the progressof the work, remove disposeof the resultant and dirt anddebrisarid keep premises the clean. b. Thecontractor will, uponcompletionof thework, remove construction equipment all and surplus materials (except materialsor equipment that are to remainPostal Serviceproperty as provided by this contract), and leave the premisesin a clean, neat, and orderly condition satisfactory the contracting to officer. ..~ G.15 MEASU REMENTS (Clause 11-16)~(October 1987) Thecontractor mustverify all dimensions shown existing work, and all dimensions of requiredfor workthat is to connect with worknow place, by actual measurementthe existing in of work. Anydiscrepanciesbetween contract requirements the existing conditions mustbe the and referred to the contracting officer before the contractor performsany workaffected by these discrepancies. G.16 SURVEY MONUMENTS BENCH AND MARKS (Clause 11-17) (October 1987) a. ThePostalServicehas established,or will establish, suchgeneralreference points as will enablethe contractor..to proceedwith the work. Thecontractor will provide newmonuments where shown specified. If the contractorfinds that anypreviouslyestablished or reference points have beendestroyed or displaced, or that nonehas beenestablished, the contractor must promptly notify the contracting officer. b. The contractor must protect and preserve established benchmarksand monuments and make changes locations withoutthe written approvalof the contractingofficer. Established no in referencepoints that may lost, covered,destroyed,or disturbedin the courseof performance be of the workunderthis contract, or that require shifting because necessary of changes grades in or locations,must(subjectto prior approval the contracting of officer) be replaced accurately and located or relocated (as appropriate) at the contractors expense, a licensed engineer by licensedland surveyor.

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SECTION " G

c. New monuments be 6 inches squareby 3 feet deep(unless otherwise specified), will concrete stone,with a 3-inchcopper brasspin, 3/8-inchin diameter, the center, andmust or or in be set flush with the ground pavement locationsindicatedon the site plan. or in Monuments not be requiredwhere will lines of buildingsare coincidentwith property,lines. e. The contractor must vedfy the figures shownon the survey and site plan before undertaking construction any workandwill be responsible the accuracy the finished work. for of f. After completion constructionandbefore final payment, contractor mustfurnish the of the PostalService blueprints(in triplicate) of plansshowing exactlocation of construction the survey monuments reference true propertylines. with to G.17 SPECIFICATIONS DRAWINGS AND (Clause 11-18) (October 1987) a. Thecontractor mustkeep,at the site, copiesof the drawings specifications andmust and at all timesgive the contracting officer access them.Anything to mentioned the specification.s in and not shownon the drawings, or shownon the drawings and not mentioned in the specifications, is of like effect as if shown mentioned both. In caseof differencebetween or in drawings specifications,the specifications and will govern. b. In caseof difference betweeq,~mall large-scale drawings,the large-scale drawings and will govern.Schedules any contractdrawing on will take precedence conflicting information over on that or any other contract drawing.Onany of the drawings whicha portion of the workis in detailed or drawn andthe remainder shown outline, the parts detailed or drawn will out is in out applyalsoto all otherlike portions the work. of c. When word"similar" appearson drawings,it has a general meaning mustnot be the and interpretedas meaning identical, andall details must worked in relation to their location be out andconnection other parts of the work. with d. In caseof discrepancy either in figures or drawings specifications, the mattermustbe or promptly submitted the contractingofficer, who to will promptly make determination writing. a in Anyadjustment the contractorwithoutsucha determination by will be at the contractor'sown risk andexpense. contracting officer mustfurnish from time to time suchdetailed drawings The and other information as may necessary. be G.18 STANDARD REFERENCES (Clause 11-19) (October 1987) a. All publications and ether documents (such as manuals,handbooks, codes, standards, andspecifications)cited in this contractfor the purpose establishingrequirements of applicable to equipment, materials, or workmanship herebyincorporated referencein the contract as are by fully as if pdntedandboundwith the specifications of this contract, in accordance the with following: 1. Wherever reference is made StandardSpecifications of the Public Buildings to Service, Interim FederalSpecifications, Interim AmendmentsFederalSpecifications, to
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--SOL-1Ci-TA-TI O N:-16264(9-96-A--928 ~.

SECTIONG

Interim FederalStandards,or Interim AmendmentsFederalStandards,the contractor to mustcomply with the requirements forth in the issue or edition identified in this set contractexceptas modified as otherwise or provided the specifications. in 2. Whereverreference is madeto any documentother than those specked in subparagraph above,the contractormustcomply a.1 with the requirements forth in the set editionspecified this contract if notspecified, latest editionor revision,aswell as in or, the the latest amendment supplement effect on the date of the solicitation exceptas or in modified the specifications this contract. by of b. Federal' Spec~cations, Federal Standards,and StandardSpecifications of the Public Buildings Service can be obtained from the BusinessService Center at any GSA Regiona~ Office. Inquiries regarding "Commercial Standards," "Product Standards," and "Simplified Practice Recommendations" should be addressed the Office of Product Standards,National to Bureau Standards,Washington, 20234.Publications of associations referred to in the of DC specificationscanbe obtained directly fromthe associations. c. Upon request,the contractormustmake available at the job site, within a reasonable time, a copyof any trade manual standardincoq3orated referencein this contract that governs or by quality and workmanship. (3.19 POSTAL SERVICE OCCUPANCY (Cla6se 11.24) (October 1987) ¯ a. " Thecontracting officer reserves right of partial occupancy useof facilities, services, the or andutilities, beforefinal acceptance, withoutimplyingcompletion acceptance anypart of the or of project by the Postal Service.Beforesuchoccupancy use, the contractingofficer mustfurnish or the contractoran itemizedlist of workremaining be performed corrected.Failure to list an to or item will not relieve the contractor of the responsibility for complying with the termsof the contract. b. Costsincurred as a result of suchpartial occupancy use of facilities, or utilitiesare subject to equitableadjustment underthe Changes clause. G.20 CHANGES (CONSTRUCTION) (Clause 11-26} (October 1987) a. Thecontractingofficer may a'ny time, without notice to anysureties, by written order at designatedor indicated to be a changeorder, make changes the work within the general in scope the contract, incJudingchangesof 1. 2. 3. 4. In the spec~catibns (including drawings designs); and In the method manner performance the work; or of of In the PostalService-furnished facilities, equipment, materials,.services, site; or or Directing acceleration the performance the work. in of services, and

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SECTIONG

b. Anyother written or oral order .(which, as usedin this paragraph includesdirection, b, instruction, interpretation,or determination) the contracting from officer that causes change a will be treated as a change order underthis clause, providedthe contractor gives the contracting officer writtennoticestating 1. the date, circumstances, sourceof the order and and

2. that the contractor regardsthe order as a change order. c. Except provided this clause,no order, statement, conduct thecontracting as in or of officer may treated as a change be underthis clauseor entitle the contractorto an equitableadjustment. d. If any change underthis clausecausesan increaseor decrease the con#actor'scost in of, or the timerequiredfor, the performance anypart of the workunder of this contract, whether or not changed anyorder, the contractingofficer will make equitableadjustment modify by an and the contractin writing. However, exceptfor claimsbased defectivespecifications, no claimfor on any change underparagraph above b will be allowedfor any costs incurred morethan 20 days beforethe contractorgiveswritten notice as required.In the caseof defectivespecificationsfor whichthe Postal Serviceis responsible,equitable adjustment will include any increasedcost reasonably incurredby the contractorin a~empting comply to with the defectivespecifications. e. Thecontractormustassertanyclaimunderthis clausewithin 30 daysafter (1) receipt of written change order underparagraph above,or (2) the furnishing of a written notice under a paragraph above,by submittingtothe contracting officer a written statement b describingthe generalnature andamount the claim, unlessthis period is extended the Postal Service. of by Thestatement claim may includedin the notice underparagraph above. of be b f. Noclaimby the contractorfor an equitableadjustment be allowed asserted will if after final payment underthis contract. G.21 ACCIDENT PREVENTION (Clause 11-27) (June 1988) a. In performing this contract, the contractor mustcomply with the Occupational Safety and HealthAct of 1970. b. Thecontractor will maintain an accurate record of exposuredataandall accidents incident to workperformed underthis contractresulting in death, traumaticinjury, occupational disease,or damage property, material, supplies, or equipment. contractormustreport the to The exposure andaccidents prescribed the contractingofficer. data as by G.22 ACCESS SITE (Clause OB-44) (June 1988) TO Thecontractor's accessto the site anduseof existing roadswill be as directed by the contrading officer or a designee.

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SF_.,C-TJO N-G G.23 IDENTIFICATION CONTRACTOR'S OF VEHICLES (Clause OB-45) (June 1988) After contract award,the contracter will coordinatewith the security officer for the issuance vehicle passes construction private vehicles. of for and

G.?..4 CONTROL EROSION,SEDIMENTATION,AND POLLUTION OF (Clause OE~-49) (June1988) a. Operations mustbe scheduled conducted minimizeerosion of soils and to prevent and to silting andmuddying streams, of rivers, irrigation systems, impoundment's and (lakes, reservoirs, and like). the b. Pollutants suchas fuels, lubricants, bitumens,raw sewage, ether harmfulmaterials and mustnot be dischargedonto the ground,inlo or near dyers, streams,and impoundment's, and natural or man-made channels. Wash water or waste from concrete or aggregateoperations mustnot be allowed enter live streams to beforetreatment filtration, settling, or other means by sufficient to reducethe sediment content to not morethen that of the streaminto whichit is discharged. c. Mechanized equipment mustnot be Qp~rated live streamswithout written approval by in the contracting officer. -,: G.25 INDEMNIFICATION (Clause FB-203) (June 1988) Thecontractor mustsave harmless and indemnify the Postat Service and its officers, agents,representatives,andemployees all claims, loss, damage, from actions, causes action, of and/or expenses resulting from, broughtfor, or on accountof any personalinjury or property damage received or sustained by any persons or property growing out of, occurring, or attributable to anyworkperformed under re~ated this contract, resulting in who~e in part or to er from the negligent acts or emissionsof the contractor, any subcontractor, or any employee, agent,or representative the contractoror anysubcontractor. of

G.26 POSTAL SERVICE-PROPERTY' (Construction)

(Clause FB-234) (June

a. Within 45 calendardaygafter receipt of Notice to Proceed, contractor mustsubmit to the the contracting officer a schedule quadruplicate in verifying quantities, if appropriate, giving and desired dates for delivery of ilems~erL~__ ~_'.~#~i~ the Posta~Service. Schedule will b subject to written approval of t~t~ ~.q~.~.pproved dates of delivery must be confirmed the contractorthirty calen~ar--~ays by p'?ioi"tS't~tivery on the established datedor will be responsiblefor suitable storageandprotection of items delivered, including all expenses incidentalthereto.

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SECTION

b. ¯ Thecontractormustreceivethe Postal Service- Furnished Property,off load, receipt for, provide additional transportation required, uncrate, assemble, locate in place andinstall or connect ready for operation or u~. A"~~mb~'~[',u~e such parts and loose fittings as are ". usually,shipped, detached. Install "~1. ,~.."~~- ~ "~' e~i~'~'~ beinaccordance the with spec~ficatlonsfor such work, in¢~d~ng fitting to adjacentwork andany additional labor and materia~ required. c. PostalServicepropertywill be furnishedf.o.b truck at the project site andthe contractor mustacceptdehvery when made, pa~lng'anyde.~urr .a.'g.e:'!.ncun'ed, andunloadthe propertyat Ns ownexpense.All such property must'~_.~.L_. .r . ed ~ntothe workat the expense of the contractor,unlessotherwise indicatedherein. d. Thecontractormustreport to the contractingofficer, in writing, 'Mthin 45 workinghours after acceptingdelivery of the Postal Serviceproperty, anyshortage or damage materials in, to when delivered. actualinspection If o[,'t.h.,e...#~o.~e~"r~::~t-pra~icelthis timelimit, it should in be so noted in the report Failure to mak~re~bo~&'il~'b~t~r~reted mean to that there were no shortagesand all property wasin goodco~'~t,on w~en de~e~.Not~ceaNe m~nor defects which may expected occur in the ordinary manufacture materialsmustbe repaired. be to of G.27 DEFINITION OF TERM8USEt~,.,IN (ClauseFB-235}(June1988) CONTRACT DOCUMENT8 (CONSTRUCTION)

This special contract clausesupplements ClauseB-l, Definitions. PM a. Wherever the contract documents words"Post Office Department", in the "Department", "POD","Post Office", "PC", "USPostal Service", "USPS", "Owner","Government", wordsof or like importare used,it must understood the "UnitedStatesPostalService"is intended. be that b. Wherever the contract documents in "Project Engineer," "ResidentEngineer," "ArchitectEngineer", "AE", "Architect", "SupervisoryAuthority", or other individual or organizationis designated, functions andauthorities of suchindividual or organizationmustbe governed the by PM Clause B-l, Definitions. c. Wherever the contract documents.the in words"American Standards Associates", "ASA', "United States Standards","USA"or "American National" are used, it shall be understood that "American NationalStandards Institute" is intended. d. Where throughout.the text of TechnicalProvisions referenceis made "Contractors", to "General Contractor", "Installing Contractor", "other Contractors","anotherContractor", "each Contractor", "subcontractor", "site Contractor", "this Contractor", words like importare used, or of it shall be understood that ."Contractor" is intended. Where certain special contractors are required to meetcertain qualifications, obtain certain permits, or provide certain services particular to a specific skill or license,the word "Contractor" prefixed a specialtydesignation by is intended mean specialty "subcontractor", to the e.g., fire protectionsubcontractor, mechanical or electrical subcontractor. (See PMClausesB-l, and "~1-8 of the Section "General Contra

C,auses."
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-S OMGIT~,-T-IO N:---162640-96-A-0-28-1

S EC-T-ION~G_

Where directed", "as required", "ordered", "prescribed","approved", "as "acceptance", or e. wot:dsof similar nature are used, it mustbe understood that suchwords refer to actions to be taken, in writing, by the ContractingOfficer unless otherwisestated. Thewords"necessary", "suitable", "equal", or words like import mustmean of necessary equalin the opinionof the or contracting officer. f. "Work"mustbe deemed consist of all labor andoperations, transportation, hoisting, to materials, tools, equipment, services, inspectionsinvestigations, coordinationandsupervision required and/or reasonablynecessary producethe construction required by the contract to documents. g. Furnish" means design, fabrication, purchase delivery to the job site or other the and destinationas directedby the Contracting Officer. h. "Install or Installation" means act of physically placing, applying,setting, erecting, the anchoring, securing,etc., construction materials, equipment, furnishings, appliances, similar and itemsspecifiedandfurnished the job site. Installation of specifieditemsmust complete all at be in respects. i. "Provide"means furnish andinstall .~construction to material, equipment, as defined etc. above. . ~.-' ]. Thetechnical specifications mayindicate metric units of measurement a supplement as to U. S. customary units. When indicated thus: 1" (25ram),the U. S. customary unit is specific and the metdc unit is non-specific.When shown not with parentheses, unit is specific. Themetric the units correspond the "International System Units (Sl)" andgenerally follow ASTM 380, to of E "Standard MetricPractice." for (3-28 FUELSTORAGE TANKS (CONSTRUCTION) (Clause FB-241) (June a. The contractormust,within thirty (30) calendar daysafter final testing andcertification fue, storage tanks, notifythecontract,nl&~of[.~_~_ ~ha.Lt,h,E.Lan__ks~are fi,,ing. ready for b. All fuel for the initial filling will b~~fd~hs~ythe Postal Service. The cost of replacement anyfuel up to final acceptance the facility will be the responsibility of the of of contractor. G.29 U.S.D.h. QUARANTINED AREAS (CONSTRUCTION) (Clause FB-243) (June If the workcalled for by this contract involves activities in countiesquarantinedby Department Agriculture to preventthe spreads certain plant pestswhichmay presentin of of be the soil, the contractor agrees that all constructionequipment tools to be moved such and from countiesshall be thoroughly cleaned all soil residuesat the construction of site with waterunder pressure.If this contractinvolves sucha quarantined area, the contractoragrees comply to "Mth the regulations of the Department Agriculture. Thecontractor agreesto assurecompliance of with this obligationby all subcontractors. Page37 of 99 pages

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SOLICITATION: 162640-96-A-0281 PROPERTY (CONSTRUCTION) G.30 POSTALSERVICE-FURNISHED (ClauseFB-255)AlternateI (September 1995/Interim)

SECTION " G

a. ThePostal Servicewill provideitem(s) of PostalServiceproperty the contractor to for use in the performance this contract. This property will be identified in the of applicable WorkOrder. This propertymustbe usedand maintained the contractor in _ by accordance the Postal ServiceProperty with clauseof this contract. b. If Postal Service-furnished equipment to be installed andis not on the worksite, the is Postal Servicewill make separatearrangements provide delivery to the site. Anycosts for to labor associated with loading and unloadingthe Postal Service-furnished property will be negotiated. G.31 SECURITY REQUIREMENTS (INDEFINITE-QUANTITY) (Clause FB-256) (June a. Contractors mustconsult the building's manager permission inspect the site andfQr for to the securityregulations effect. in b. Contractorswill be required to complywith security regulations imposed the Postal by Service,or other occupying agencies, incl.u,~ng any necessary security clearances. G,32 PROTECTION DAMAGE AND (INDEFINITE-QUANTITY) (Clause FB-257) (June a. Provide all labor, materials, and equipment necessaryfor protection of personnel, furnishings, equipment,or building structure from damage. Remove replace movable and items, if necessary.Replace repair any items damaged, to work performed or due underthis contract equalto their original construction finish. and b. Userubber-tired vehicles that use non-volatile fuels for conveyingmaterials inside building andprovidetemporary covering,as necessary, protect floors. to c. No materials shall be thrownfrom windows doorsof buildings. Building wastesystem or shall not be usedto remove refuse, emptying paint cans,andthe like. d. Debrisshall be removed from the site daily. Premises shall be left neat andclean aftereachworkshift, so that business proceed next regular workday may the withoutinterruption. e. Dust-proof enclosures or partitions for protection whereverdusty or dirty work is performed dampening debris to avoid dusting when and of removed shall be negotiatedinto work ¯ orders required. as f. Whenever flammablesolvents or adhesives(do not use unless nonflammable items are not suitable for the condition) are used, provide adequate ventilation and fire protection measures.Do not use flammablesolvents or adhesives in any case whenflame-o~:-sparkproducing operationsare being performed the area. in

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-- S£)Lq 61-T-A-~:IE).~-1£a-264 N e-96-A49~t

SF C_T_LOJR_G

G.33 METHOD (INDEFINITE-QUANTITY) (Clause FB-258) (June1988) a. Existing workshall be cut, drilled, altered, removed, temporarilyremoved replaced, or and as necessary the performance the contractwork.Work for of that is replaced shall match similar existing work. Workremainingin place whichis damaged defacedby reasonof work done or underthis contractshall be restoredequalto the conditionit wasin at the time the contractor commenced performance work underthe work order. of b. ' Theuseof impacttools for cutting concreteor for installation of inserts, andthe useof power-activatedtools will not be permitted in occupiedbuildings. Impacttools and poweractivated tools may usedduring non-working be hourswith written permiss!on the contracting of ofl-~cer's representative eac~ on workorder. c. Anyitems whichare to be removed not to be reusedin this coniract shall be removed and fromthe project, andshall become propertyof the contractor, unlessso notedto remain the the propertyof the PostalService,elsewhere this contract. in G.34 USEOFBUILDING FACILITIES(Clause FB-259) (September1995/Interim) a. Where available, utility services of ,t~e building will be usedin this work. Toilet facilities are not to be usedby contractor employees. b. Anytemporary of an existing elevator shall be by prior arrangement the building use with manager the building andsubject to the building manager's of control. Thecontractor shall provide andmaintainsuitable andadequate protective coveringsfor the elevator machinery, the hatchway entrances, the interior of the elevator during the periodof temporary Loads and use. in excess the rated capacityof the elevatorshall not be permitted.ThePostalServicewill bear of the cost of the electric current for the operationof the elevator. Oncompletion the work,the of contractorshall remove protective coverings the togetherwith anyresultant dirt anddebris, and leave the equipment a condition equal to the condition it wasin at the time the contractor in commenced using the elevator. G.35 INSPECTION SITE ORBUILDING(INDEFINITE-QUANTITY) OF (Clause FB-260)(June 1988) It shall be the contractor'sresponsibilityto inspectconditions each at site, includingsuch things as elevator size andcapacities, existing building materialsandcomponents, the ~ike, and before.finalizingworkorders(see Clause ). 11-1 G.36 SINGULAR NUMBERS (INDEFINITE-QUANTITY) (Clause FB-262) (June 1988) a. Where item, device, or part of equipment referred to in singular number, any is this referenceshall apply to as many itemsanddevicesas are requiredfor complete installation as outlinedin this specification each for work order.

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SOLICITATION: 162640-96-A-0281

SECTIONG

b. Where referenceis made any herein to "the contract", or to "contract work", the meaning shall applyto eac~h orderindividuallyandcollectively. work G.37 BUILDER'S RISKINSURANCE (Clause FB-263) (March 1989) ThePostal Servicedoesnot carry Builder's Risk Insurance coverage. contractor, at The its own optionandexpense, elect to providethis insurance its work. may for

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__&OJJ_C ITATION: 162640-~-A-0281 SECTIONH - GENERAL CLAUSES "~_ N,I DEFINITIONS (Clause B4) (June 1988) Asusedin this contract, the followingtermshavethe following meanings:

SECTIONH

a. "Contracting officer" means personexecutingthis contract on behalf of the Postal the Se~ice,andany other officer or employee is a properly designated who contracting officer; the term includes, exceptas otherwiseprovidedin the contract, the authorizedrepresentativeof a contracting officer actingw;thin the limits of the authorityconferred upon that person. Exceptas otherwiseprovidedIn the contract, the term "subcontracts" includes purchase b. ordersunder this contract. H.2 ASSIGNMENT CLAIMS OF (Clause B-8) (October 1987)

a. If this contract provides for payments aggregating$10,000or more,claims for moneys due or to become from the Postal Service under it maybe assigned to a bank, trust due company, other financing institution, including anyFederallendingagency, may or and thereafter be further assignedand reassignedto any such institution. Anyassignment reassignment or must cover all amounts payable and must not be made morethan one party, except that to assignmentor reassignment be made one party as agent or trustee for two or more may to, parties participating in financingthis contract.. Noassignment reassignment be recognized or will as valid and binding uponthe Postal.'~ervice unless a written notice of the assignment or reassignment, togetherwith a true copyof the instrument assignment, filed'Mth of is 1. 2. The contracting officeF, Thesurety or sureties uponany bonds;and

3. Theoffice, if any, designated make to payment,andthe contracting officer has acknowledged assignment writing. the in b. Assignment of.this contract or anyinterest in this contract other than in accordance with the provisions this clause of wilt be grounds termination the contractfor default at the option for of of the PostalService. H.3 CLAIMS DISPUTES AND (Clause B-£J (June 1~88~,

a. This contract is subject to the ContractDisputesAct of 1£78(41 U.S.C.601--513)('~he Act"). b. Except provided the Act, all disputes as in