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SOLICITATION: 162640-96-A-0282 PART2 - CLAUSES A"I-rACHMENTS AND SECTION - SPECIALCLAUSES G G.I a.
SECTIONG
PERFORMANCEOCCUPIED AT POSTAL PREMISES (Clause B-27) (October 1987) In performing contract,the contractor this must 1. Comply with applicable Occupational Safety andHealth Standards CFR (29 1910) promulgated pursuant the authority of the Occupational to SafetyandHealthAct of 1970; 2. Comply with anyother applicable Federal, State, or lecel regulations governing workplace safety to the extent they do not conflict with a.1 above; and 3. Takeall other proper precautions to protect the safety and health of the contractor'semployees, PostalServiceemployees, the public. ' " and
b. Thecontractormust coordinate us.e...i~f the premises the installation head other its with or representativedesignated the contracting officer. Subjectsof this coordinationinclude the by designationof workandstoragearea~; 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 andto call attention to hazardsand dangers; other mattersrelating to the protectionof PostalServiceemployees 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 contractorto havedoneso doesnot relieve the contractorfrom responsibility for successfully performingthe workwithout additional expense the Postal to Service. ThePostal Serviceassumes responsibility for anyunderstanding representations no or concerning conditionsmade any of its officers or agentsbeforeexecutionof 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 of1. Subsurface latent physicalconditionsat the site differing materially fromthese or indicated this contract; in or
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2. Previouslyunknown physical conditions at the site of an unusualnaturediffering materially fromthoseordinarily encountered generallyrecognized inherentin work and as of the character required this contract. in b. Thecontractingofficer will promptly investigatethe conditions.If they are foundto differ m~ =~ly .winthose contractor's cost of, or the time requiredfor, performance anypart of the workunderthis of contract(whether not changed a result of suchconditions),the contractor or as will be entitled an equitableadjustment. c. Noclaim by the contractorfor an equitableadjustment underthis clausewill be allowed if asserted after final payment under this contract. G.4 PERFORMANCE WORK OF BY CONTRACTOR (Clause11-3) (October 1987)
Thecontractormustperform the site, with its own on organization,workequivalentto at least 12 percent(unlessotherwise forth in the Schedule) the total amount workto set of of performed underthis contract. Thepercentage workto be performed the contractor may of by be reduced the written approval the contracting with of officer. (3.8 SUPFRINTENDENCE BY CONTR/~6ToR (Clause 11-4) (October 1987)
The contractor mustgive personal superintendence the work or have a competent to foreman superintendent, or satisfactoO/tothe contracting officer, on the worksiteat all times duringprogress, authorityto act for the contractor. with G.6 MATERIALS WORKMANSHIP AND (Clause 11-5) (June 1988)
a. Unless otherwise specifically provided,all equipment materialsincorporated and into the work mustbe newandof the mostsuitable grade for the purposeintended. Unlessotherwise specifically provided,reference anyequipment, to material, or patented process brandname, by make,or catalog number establishesa standardof quality only. Thecontractor maysubstitute anyequipment, material, or process that the contractingofficer finds to be equalto that named. Tooblain approval usea different equipment, to material, or process, contractormustfurnish the the contracting officer the manufacturer's name, modelnumber, other identifying data the and andinformation regardingthe nature andperformance the proposed of substitute. If requested by the contractingofficer, samples be submitted approval the coritractor's expense, must for at shippingcharges prepaid.Materialsor processes substitutedwithout approval be rejected. may b. In the event of substitution in accordance with paragraph above,the contractor must a furnish to the contracting officer for approvalthe manufacturer's name, model the number, and any other relevant informationon the performance, capacity, nature, andrating of equipment or materials proposed substitution. for c. The contractor must obtain the contracting officer's approval of the machinery and mechanical equipment incorporated into the work. Thecontractormustsubmitsamples all of IQC-C Page 28 of 99 pages - 82 September 30, 1995
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materials and equipmentas directed by the contracting officer or as required by the specifications. d. All workmustbe performed a Skillful andworkmanlike in manner. contracting officer The may,in writing, require the contractor to remove from the workany employee contracting the officer deems incompetent, careless,or otherwise objectionable. G,7 USEOFPREMISES (Clause 11-6) (October 1987)
a. If the premises occupied,the contractor, any subcontractors,andtheir employees are mustcomply with the regulations governingaccessto, operationof, andconductwhile on the premisesandmustperform the work required under this contract so as not to unreasonably interfere with the conductof Postal Servicebusinessor use andoccupancy Postal Service by tenants. b. Anyrequestsreceivedby the contractor from occupants change sequence work to the of must referredto the contracting be officer for determination. c. Thecontractor, any subcontractors, andtheir employees will not have accessto any buildingoutside scope this contract,withoutpermission the contracting the of of officer. G,8 OTHER CONTRACTS (Clause 1"1-7) (October 1987)
ThePostal Servicemay award other contractsfor additional work,andthe contractormust cooperate fully with the other contractorsandPostalServiceemployees carefully fit in its and ownwork as maybe directed by the contracting officer. The contractor mustnot commit or permitanyact that will interfere with the performance workby anyothercontractor by Postal of or Service employees. G.9 SUBCONTRACTS (CONSTRUCTION) (Clause 11-8) (October 1987)
a. Nothingin this contract may construed create any contractual relationship between be to anysubcontractor the PostalService.Thedivisions or sectionsof the specificationsare not and intended control the contractorin dividing the workamong to subcontractors, to limit the work or performed anytrade. by b. Thecontractor is responsibleto the Postal Service for acts andomissions its own of employees of subcontractors their employees. contractoris also responsiblefor the and and The coordination the workof the trades,subcontractors, suppliers. of and c. ThePostal Service will not undertake settle any differences among contractor, to the subcontractors, suppliers. or
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SOLICITATION: 162640-96-A-0282 G.10 PERMITS RESPONSIBILITIES AND (Clause 11-9) (October 1987)
SECTIONG
Thecon~actoris responsible, without additional expense the Postal Service, for to obtaining any necessary licenses andpermits, andfor complying with anyapplicable Federal, State, andmunicipal laws, codes,andregulationsin connection the prosecution the work.with of Thecontractoris responsible all damage persons propertythat occursas a result of its for to or negligence.Thecontractor musttake propersafety andhealth precautions protect the work,. to the workers,the public, andthe propertyof others. Thecontractoris responsiblealso for all materials delivered and work performed until completion and acceptanceof the entire constructionwork, exceptfor anycompleted of constructionthat may unit havebeen accepted. G.11 BUILDING CODES, FEES, AND CHARGES (Clause 11-12) (October 1987) a. State andlocal building codesandregulations do not apply as a matter of law to work inside the propertylines of Postal Service-owned properties but generally do apply to Postal Service-leased properties. In compliance Postal Servicepolicy, the contractormustcomply with with all Stateandlocal buildingcoderequirements unlessotherwise specifically provided. Thecontractormustpayall fees andcharges connections outsideservicesandfor for to useof property outside site. the UTILITIES, G.12 PROTECTIONOF EXISTING ~EGETATION, STRUCTURES, IMPROVEM (Clause11 -t 3) (October1987) ENTS AND
a. Thecontractorwill preserve protect all existing vegetation and (suchas trees, shrubs,and grass)andstructureson or adjacent the site of workthat are not to be removed that do not to and unreasonably interfere with the construction work. Care will be taken in removingtrees authorized the contractingofficer for removal, avoiddamage vegetation by to to that will remain in place. Anylimbs or branchesof trees brokenduring such operations or by the careless operation of equipment, by workmen, or will be trimmed with a clean cut andpainted with an approved pruningcompound directed by the contractingofficer. tree as b. Thecontractorwill protect fromdamage existing improvementsutilities at or nearthe all or site of the work,the locationof which or should is have been known, will repair or restoreany and damage thesefacilities resultingfromfailure to comply the requirements this contractor to with of to exercise reasonable in performing work.If the contractorfails or refuses repair any care the to such damage promptly, the contracting officer mayhavethe necessarywork performedand charge cost to the contractor. the G.13 HEAT (Clause 11-14) (October 1987) Unless otherwise specified, or unlessdirected otherwise the contractingofficer, the by contractor must-
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a. Provide heat as necessary protect all workmaterialsandequipment, to againstinjury from dampness cold; and b. Protect, cover, and/or heat, as maybe necessary produce maintaina temperature to and of not less than 50 degrees Fahrenheit the concrete in duringthe placing, setting, andcuring of concrete, in the plaster dudng application,setting, andcuringof plaster;, and and the c. Provide heat as necessaryto producein the area where the work is to be done a temperature not less than 70 degrees of Fahrenheit the pedod for beginning10 days beforethe placing of interior finishes andfinish materialsandcontinuinguntil completion beneficial of occupancy the area. of G,14 DEBRIS AND CLEANUP (Clause 11-15) (October 1987) a. Thecontractormust,during the progressof the work,remove dispose the resultant and of dirt anddebris andkeepthe premises clean. Thecontractor witl, uponcompletion the work, remove of b. surplus materials (exceptmaterials or equipment are to remainPostal Servicepropertyas that provided by this contract), andleave the premises a clean, neat, andorderly condition in satisfactory the contracting to officer. G.15 MEASUREMENTS (Clause 11-1"6") (October 1987) The contractor mustverify a!l dimensions shown existing work, andall dimensions of requiredfor workthat is to connect with worknow place, by actual measurementthe existing in of work. Anydiscrepancies between contract requirements the existing conditions mustbe the and referred to the contracting officer before the contractor performs workaffected by these any discrepancies. G.16 SURVEY MONUMENTS BENCH AND MARKS (Clause 11-17) (October 1987) a. ThePostalServicehasestablished, will establish, suchgeneralreference or points as will enable the contractor to proceedwith the work. The contractor 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 prbtect and preserve established benchmarksand monuments and make changes locations without the written approval the contractingofficer. Established no in of reference points that may lost, covered,destroyed, disturbedin the courseof performance be or 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 contractor's expense, a licensed engineer by licensedland surveyor.
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o. New monuments be 6 inches squareby 3 feet deep(unless otherwisespecified), will concrete stone, with a 3-inchcopper brasspin, 3/8-inchin diameter, or or in.the center, andmust be set flush with the ground pavement locationsindicatedon the site plan. or in d. Monuments not be requiredwhere wilt lines oi buildingsare coincidentwith propertylines.
e. The contractor must verify 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 constructionandbeforefinal payment, contractormustfurnish the of the PostalService blueprints(in triplicate) of plansshowing exactlocationof construction the survey monuments reference true propertytines. with to G.17 SPECIFICATIONS DRAWINGS AND (Clause 11-18) (October 1987) a. Thecontractor mustkeep,at the site, copies of the drawings specifcetionsandmust and at all timesgive the contractingofficer access them.Anything to mentioned the specifications in and not shownon the drawings, or shown on the drawings and not mentioned in the specifications,is of like effect as if shown mentioned both. In caseof differencebetweer~ or in drawings specifications,the specifications and will govern. b. In caseof difference between small-~and large-scale drawings,the large-scale drawings will govern. Schedules anycontra.c..t dr~,ing will take precedence conflicting information on over on that or anyother contract drawing."Onanyof the drawings whicha portion of the workis in detailed or drawn andthe remainder shown outline, the parts detailed or drawn wilt out is in out apply alsoto all otherlike portions the work. of c. When word"similar" appears drawings,it has a general meaning mustnot be the on 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 be at the contractor'sown by will risk andexpense. contracting officer mustfurnish from time to time suchdetailed drawings The and other informationas maybe necessary. G,18 STANDARD REFERENCES (Clause 11-19) (October 1987) a. All publications and other documents (such as manuals,handbooks, codes, standards, andspecifications)cited in this contractfor the purpose establishingrequirements of applicable to equipment, materials, or workmanship hereby are incorporated referencein the contract as by fully as if printed andbound with 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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Interim FederalStandards, Interim Amendments FederalStandards, contractor or to the mustcomply with the requirements forth in the issue or edition identified in this set contractexcept modified as otherwise as or provided the specifications. in 2. Whereverreference is madeto any document other than those specified in subparagraph above,the contractormustcomply a.1 with the requirements forth in the set editionspecified this contract if not specified, 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 SpedrScations, Federal Standards,andStandard Spec'fiications of the Public Buildings Service can be obtained from the BusinessService Center at any GSA Regional Office. Inquiries regarding "Commercial Standards," "Product Standards," and "Simplified Practice Recommendations" should be addressed the Off'ice of ProductStandards, to National 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 standardincorporatedby referencein this contract that governs or quality and workmanship. ..~. G,19 POSTAL SERVICE OCCUPANCY (Clause 1%34) (October 1987) a, Thecontracting officer reserves right of partial occupancy useof facilities, services, the or andutilities, beforefinal acceptance, withoutimplying completion 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 useof facilities, or underthe Changes clause. utilitiesare subject to equitableadjustment G.20 CHANGES (CONSTRUCTION) (Clause 11-26) (October a. Thecontractingofficer may anytime, without notice to anysureties, by written order at designatedor indicated to be a change order, make changes the work within the general in scope the contract, includi.ng changesof 1. 2. 3. In the specifications(includingdrawings designs); and In the method manner performance the work; or of of In the PostalService-furnished facilities, equipment, materials,services, site; or or Directingacceleration the performance the work. in of 6~n=~ r~f 99 #aoes services, and
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b. Anyother written or oral order (which, as usedin this paragraph includes direction, 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 officar writtennoticestating !. 2. the date, circumstances, sourceof the order and and that the contractorregardsthe order as a change order.
c. Except provided this clause,no order, statement, conduct the contractingofficer as in or of may treated as a change be under this clauseor entitle the contractorto an equitableadjustment. d. If any change underthis clause causes increaseor decrease the contractor's cost an in of, or the time requiredfor, the performance anypart of the workunderthis contract, whether of or not changed anyorder, the contractingofficer will make equitableadjustment modify by an and the contractin writing. However, except claimsbased defectivespecifications,no claim for for on any change underparagraph abovewill be allowedfor any costs incurred more b than 20 days beforethe contractorgives written notice as required.In the caseof defectivespecificationsfor whichthe Postal Service is responsible,equitable adjustment will include any increasedcost reasonably incurredby the contractor attempting comply in to with the defectivespecifications. e. Thecontractormustassert any:claim underthis clausewithin 30 daysafter (1) receipt of written change order underparagraph above,or (2) the furnishing of a written notice under a paragraph above,by submittingto the contracting officer a written statement b describingthe generalnatureandamount the claim, unless this period is extended the Postal Service. of by Thestatement claim maybe includedin the notice underparagraph above. of b f. Noclaimby the contractorfor an equitable adjustment 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 contractormustcomply with the Occupational Safetyand HealthAct of 1970. b. The contractor will maintain an accurate record of exposuredata andall accidents incident to workperformed underthis contract resulting 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 access the site anduseof existing roadswill be as directed by the to contracting officer or a designee.
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G.23 IDENTIFICATION CONTRACTOR'S OF VEHICLES (Clause OB-45) (June 1988) After contract award,the contractor will coordinatew~ththe security ~cer for the issuance vehicle passes construction pdvate of for and vehicles.
G.24 CONTROL EROSION, SEDIMENTATION, OF AND POLLUTION (Clause, OB-49) (June1988) a. Operations mustbe scheduled conducted minim/zeerosionof soils andto 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, other harmfulmaterials and mustnot be discharged onto the ground,into or near rivers, streams,andimpoundment's, and natural or man-made channels. Wash water or waste from concrete or aggregateoperations must be allowed enter live streams not to beforetreatment filtration, settling, or other means by sufficient to reducethe sediment contentto not more then that of the stream into whichit is discharged. c. Mechanized equipment mustnot. be Operated live streams in without written approvalby the contracting officer. G.25 INDEMNIFICATION (Clause FB-203) (June 1988) Thecontractor mustsave harmless indemnifythe Postal Service and its officers, and agents,representatives, employees all claims, loss, damage, and from actions, causes action, of and/or expenses resulting from, broughtfor, or on accountof anypersonalinjury or property damage received or sustained by any persons or property growing out of, occurring, or attributable to anyworkperformed underor relatedto this contract, resulting in whole in part or from the negligent acts or omissions the contractor, any subcontractor, or any employee, of agent,or representative the contractor anysubcontractor. of or
G.26 POSTAL SERVICE-PROPERTY (Construction)
(Clause FB-234) (June
a. Within 45 ~alendar daysafter receipt of Noticeto Proceed, contractor mustsubmitto the the contractingofficer a schedule quadruplicate in verifying quantities, if appropriate, giving and desired dates deliveryof itemsand for [IR|y:~._~tf'u.~._~s_" ~.. ~Postal I:~ Service. Schedule be will subj6ct to written approval of the ~~ ~==F~ed dates of delivery must be confirmed the contractor by thirty calen~ar-d~y~-pr-ESr rb o'~fiv"~ryon the established datedor be responsiblefor suitable storageandprotection of items delivered, including all expenses incidentalthereto. _ 8~ _ )
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b. Thecontractormustreceive the Postal Service-Fumished Property,off load, receipt foq provide additional transportation required, uncrate, assemble, locate in place andinstall or connect ready for operation or use. ~,si~t~ ~~ch parts and loose fittings as are usually shipped detached, lnstallatio~.o~ .r .~=,,~in accordance with the specifications for such work, including' ~~jac~nt work and any additional labor and materialrequired. c. PostalServiceproperty will be furnished f.o.b Lmck_at,.,~. project site andthe contractor must accept delivery when made, payin~~~r~.~r~, and unload the property at his own expense. All such property must b~-~ into the work at the expense of the contractor,unlessotherwise indicatedherein. d. Thecontractormustreport to the contractingofficer, in writing, within 45 working hours after accepting delivery of the Postal Serviceproperty, .any shortage or damage materials in, to when delivered.If actualinspection the~p~operty not:practicalin this time limit it should of i~ be so notedin the report. Failure to make sur~.~..~ii!be ~te._-rS_.4t~dmea~ there wereno to that shortages and all property was in good co~i~l~C~e~e~.~oticeableminor defects which may expected occurin the ordinarymanufacture materialsmustbe repaired. be to of G.27 DEFINITION OF TERMS USED !N CONTRACT DOCUMENTS (CONSTRUCTION) (ClauseFB-235)(June1988) This special contract clausesupplements Clause PM B-l, Definitions. a. Wherever the contract documents words"Post Office Department", in the "Department", "POD","Post Office", "PO", "USPostal Service", "USPS", "Owner","Government", wordsof or like importare used,it mustbe understood the "UnitedStatesPostalService"is intended. that b. Wherever the contract documents in "Project Engineer,""ResidentEngineer,""ArchitectEngineer","AE", "Architect", "Supervisory Authority", or other individual or organizationis designated, functionsandauthorities of suchindividual or organization the mustbe governed by PM Clause B-l, Definitions. c. Wherever the contJ'act documents words"American in the Standards Associates","ASA", "United States Standards", "USA" "American or National" are used,it shall be understood that"American NationalStandards Institute" is intended. d. Where throughoutthe 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 particularto a specific skill or license,the word "Contractor" prefixedbya specialtydesignation is intended mean specialty "subcontractor", to the e.g., fire protectionsubcontractor, mechanical or electrical subcontractor. (See PMClausesB-l, and 11-8 of the Section "General Contract Clauses." - 90 IOC-C Page36 of 99 pages September30, 1995
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e. Where directed", "as required", "ordered","prescribed", "approved", "as "acceptance", or words similar natureare used,it mustbe understood of that suchwords refer to actions to be taken, in writing, by the ContractingOfficer unless otherwise,stated. Thewords "necessary", "suitable", "equal", or words like import mustmean of necessary equalin the opinionof the or contracting officer. f. '~/ork" 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, fabdcetion, 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, similarand itemsspecifiedandfurnished the job site. Installation of specifieditemsmust complete all at be in respects. "Provide"means furnish andinstall constructionmaterial, equipment, to etc. as defined i. above. j. Thetechnical specifications mayindicate metric units of measurement a supplement as to U. S. customary units. When indicatedthus: 1" (25ram),the U. S. customary is specific and unit the metric unit is non-specific.When shown parentheses, unit is specific. Themetric not with the units correspond the "lntemational System Units (Sl)" andgenerally follow ASTM 380, to of E "Standard MetricPractice." for G-28 FUELSTORAGE TANKS (CONSTRUCTION) (Clause FB-241) (June a. Thecontractor must,within thirty (30) calendar daysafter final testing andcertification fuel storagetanks, notify the cen~t'~ ,~ffi~11~ ~.~ksare readyfor filling. b. All fuel for the initial filling~rl t[~5~J~e~llal~i~'alled the PostalService.Thecost of by replacement anyfuel up to final acceptance the facility will be the responsibility of the " of of contractor. G.29 U.S,D.A. QUARANTINED AREAS (CONSTRUCTION) (Clause FB-243) (June If the workcalled for by this c_~ntractinvolves activities in counties quarantined by Department Agriculture to preventthe spreads certain plant pests whichmay presentin of of be the soil, the contractoragrees that all constructionequipment tools to be moved such and from countiesshall be thoroughly cleaned all soil residues the construction of at site with waterunder pressure.If this contract involvessucha quarantined area, the contractoragrees comply to with the regulations of the Department Agriculture. Thecontractor agreesto assurecompliance of w~h this obligationby all subcontractors. _ ~) ]_
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SOLICITATION: 162640-96-A-0282 G.30 POSTALSERVICE-FURNISHED PROPERTY(CONSTRUCTION) (ClauseFB-255) AlternateI (September 1995/interim)
SECTIONG
a. ThePostalServicewill provide item(s) of PostalServiceproperty the contractor. to ,,,, ,,== ,,, ,,,~ performance this contract. Trois propertywill be identified in the. of applicable WorkOrder. This propertymustbe usedandmaintained the contractorin by accordance the PostalServiceProperty with clauseof this contract. b. If Postal Service-furnished equipment to be installed andis not on the worksite, the is Postal Servicewill make separatearrangements providedelivery to the site. Anycosts for to labor associatedwith loading and unloadingthe Postal Service-furnishedproperty will be negotiated. G.31 SECURITY REQUIREMENTS (INDEFINITE-QUANTITY) {Clause FB-256) (June 1988) a. Contractors mustconsult the building's manager permission inspectthe site andfor for to the securityregulations effect. in b. Contractorswill be required to comply with security regulations imposed the Postal by Service,or other occupying agencies, inclu¢Jinganynecessary securty c earances. G.32 PROTECTION DAMAGE:(INDEFINITE-QUANT1TY) AND (Clause FB-257) (June a. Provide all labor, materials, and equipment necessaryfor protection of personnel, fumishings,equipment, building structure from damage. or Remove replace movable and items, if necessary. Replace repair any items damaged, to workperformed or due underthis contract equal their original construction finish. to and b. Userubber-tired vehicles that use non-volatile fuels for conveyingmaterials inside building andprovidetemporary covering,as necessary, protectfloors. to c. Nomaterials shall be thrownfrom windows doorsof buildings. Building wastesystem or shall not be used remove to refuse, emptying paint cans,andthe like. d. Debris shall be removed the site daily. Premises from shall be left neatandcleanafter eachworkshift, so that business proceed next regular workday may the withoutinterruption. e. Dust-proof enclosuresor partitions for protection whereverdusty or dirty work is performed dampening debris to avoid dusting when and of removed shall be negotiatedinto work ordersas required. f. Whenever flammable solvents or adhesives(do not use unless nonflammable items are not suitable for the condition) are used, provide adequate ventilation andfire protection measures.Donot use flammablesolvents or adhesives in any case whenflame-or-sparkproducing operations beingperformed the area. are in IC~C-C Page.38of 99 pages
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G.33 METHOD (INDEFINITE-QUANTITY) (Clause FB-258) (June a. Existing workshall be cut, drilled, altered, removed, temporarilyremoved replaced, or and as necessary the performance the contract work. Work for of that is replaced shall match similar existing work. Workremainingin plade 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 connote for installation of inserts, andthe useof or power-activatedtools will not be permitted in occupiedbuildings. Impacttools and poweractivated tools may usedduring non-working be hourswith written permission the contracting of officer's representative eachworkorder. on c. Anyitems whichare to be removed not to be reused this contract shall be removed and in from the project, andshall become propertyof the contractor, unlessso notedto remain the the property the PostalService,elsewhere this contract. of in G.34 USEOFBUILDING FACILITIES (Clause FB-~59) (September 1995/Intedm) a. Where available, utility service~of the building will be usedin this work. Toilet facilities are not to be used contractor by 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 provideandmaintainsuitable andadequate protective coverings the elevator machinery, for the hatchway entrances, the interior of the elevatorduring the periodof temporary Loads and use. in excess the rated capacityof the elevatorshall not be permitted.ThePostal Servicewill bear of the cost of the electric current for the operation the elevator. Oncompletion the work,the of of contractorshall remove protective coverings the togetherwith anyresultant dirt anddebris, and leave the equipment a condition equalto the condition it wasin at the time the contractor in commenced using the elevator. G.35 iNSPECTION SITE OR BUILDING(INDEFINITE-QUANTITY) OF (ClauseFB-260)(June1988) It shall be the contractors responsibilityto inspectconditions each at site, includingsuch things as elevatorsize andcapacities, existing building materialsandcomponents, the like, and beforefinalizing workorders(seeClause 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 referenceshatl apply to as many items anddevicesas are requiredfor complete installation as o~lined in this specification for eachworkorder. - 93 -
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b. Where referenceis made any herein to "the contract", or to "contract work", the meaning shall applyto each workorderindividually and collectively. G.37 BUILDER'S RISK INSURANCE (Clause FB-263) (March 1989) ThePostal Servicedoesnot carry Builder's Risk Insurance coverage. contractor, at The its own ol~tion andexpense, elect to provide may this insurance its work. for
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SOLICITATION: 162640-96-A-0282 SECTION - GENERAL,C,L&,, H USES H.I DEFINITIONS (ClauseB-I) (June1988) Asusedin this contract, the following termshave following meanings: the
.SECTION H
a. "Contractingofficer" means personexecutingthis contract on behalf of the Postal the Service,andanyether officer or employee is a properlydesignated who contractingofficer; the termincludes, exceptas otherwise providedin the contract, the authorizedrepresentative a of contracting officer actingw;,thin the limits of the authorityconferred that person. upon Except otherwise as providedin the contract, the term "subcontracts" includespurchase b. under this contract. orders H.2 ASSIGNMENT CLAIMS OF (Clause B-8) (October 1987)
a. If this contract providesfor payments aggregating $10,000or more,claims for moneys. due or to become from the Postal Service under it maybe assignedto a bank, trust due company, other financinginstitution, including anyFederallendingagency, may or and thereafter be further assignedandreassigned any .,such institution. Anyassignment reassignment to or mustcover all amounts payableand must=-n0tbe made morethan one party, except that to assignment reassignment or maybe.r~adeto one party as agent or trustee for two or more parties participating in financingthis contract. Noassignment reassignment be recognized or will as valid and binding uponthe Postal. Service unless a written notice of the assignment or reassignment, together with a true copyof the instrument assignment, filed with of is 1. 2. The contracting officer;, Thesurety or sureties uponanybonds;and
3. Theoffice, if any, designatedto make payment, the contracting officer has and acknowledged assignment writing. the in b. Assignment this contract or anyinte~'est in this contract other than in accordance of with the provisions this clausewill be grounds termination the contractfor defaultat the option of for of of the PostalService. H.3 CLAIMS DISPUTES AND (Clause B-9) (June 1988)
a. This contract is subject to the ContractDisputesAct of 1978 U.S.C.601-613) (41 ('the ACt"). b. Except provided the Act, all disputesarising under relating to this contractmust as in or be resolved underthis clause.
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c. "Claim," as usedin this clause, means written demand written assertionby oneof th~ a or contracting parties seeking, as a matter of dght; the payment money a sum of in certain, the adjustment interpretation of contract terms,or other relief adsingunderor relating to this or contract. However, written demand written assertionby the contractor seeking payment a or the of money exceeding$50,000is not a claim under the Act until certified as required by. subparagraph below.A voucher,invoice, or other routine requestfor payment is not in d.2 that dispute when submittedis not a claim underthe Act. Thesubmission maybe convertedto a claim underthe Act by complying with the submission certification requirements this. and of clause, it is disputed if either asto liability or amount is not acted or upon a reasonable in time. 1. A claim by the contractormustbe made writing andsubmitted the contracting in to officer for a written decision. A claim by the Postal Serviceagainst the contractor is subjectto a writtendecision the contracting by officer. 2. For c~ntractorclaimsexceeding $50,000,the contractormustsubmitwith the claim a certificationthat - . (a) Theclaim is made good in faith;
(b) Supportingdata are accurateandcomplete the best of the contractor's to knowledge belief; and and (c) Theamount req~.ested accurately reflects the contract adjustment which for the contractor believes PostalService liable. the is (a) If the contractoriS an individual, the certification mustbe executed that by individual. (b) If the contractor not an individual,the certification must executed is be by (1) A senior company official locationinvolved;or in chargeat the contractor's plant
(2) An officer or general partner of the contractor having overall responsibility the conduct the contractor's for of affairs. e. For contractorclaimsof $50,000 less, the contracting officer must,.if requested " or in writing by the contractor,rendera decision within 60 daysof the request.For contractor-certified claimsover $50,000, contractingofficer must,within 60 days,decidethe claim or notify the the .contractorof the dateby which decision the will be made. f. Thecontractingofficer's decision final unlessthe contractorappeals files a suit as is or provided the Act. in
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ThePostal Servicewill pay interest on the amount founddueandunpaidfrom 1. Thedatethe contracting officer receives claim(properlycertified if required); the
2. Thedate payment otherwise wouldbe due, if that date is later, until the date of payment. h. Simple interest on claimswill be paid at a rate determined accordance the Interest in with clause. i. Thecontractor mustproceed diligently with performance this contract, pendingfinal of resolutionof anyrequest relief, claim, appeal, actionarising under contract,andcomply for or the with anydecision the contracting of officer. H.4 PRICING .ADJUSTMENTS OF (Clause B-1O) (October 1987)
When costs are a factor in determining contract price adjustment any underthe Changes clause or any other provision of this contract, chapter 5 of the USPS Procurement Manual in effect on the dateof this contractwill serve a guide negotiating adjustment. as in the H.5 TERMINATION CONVENIENCE FOR (Clause B-11) (October 1987)
a. Performance underthis contract maybe terminatedby the Postal Service in wholeor in part whenever contractingofficer determines terminationis in the interest of the Postal the that Service. A terminationmay affected by delivery to the contractor of a notice of termination be specifying extentof workterminated, the effective dateof the termination. the and Upon receipt of a notice of termination, unless otherwisedirected by the contracting b. officer,the contractor must take the following actions: 1. Stop werkto the extentspecifiedin the notice.
2. Placeno further ordersor subcontracts materials, services,or facilities except for as may necessary completion the unterrninated be for of work. 3. Terminateall orders andsubcontractsto the extent that they reiate to the work terminated. 4. Assignto the PostalService,as directedby the contractingofficer, all right, title, andinterest of the contractor underthe orders andsubcontracts terminated.ThePostal Servicehas the right, in its discretion, to settle or pay claims arising out of these terminations. 5. Settle all outstanding liabilities andclaimsarising out of the termination orders of andsubcontracts, with the approvalor ratification of the contracting officer. The contracting officer's decision final for the purposes this clause. is of Pa~e of 99 pages 43
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6.
Transfer title to the PostalService deliver as directedby the contracting and officer (a) Workin process, completed wo~and other material producedas a part or acquired the workterminated; for and (b) The completedor partially completedplans, drawings, information, and other propertythat, if the contract hadbeen completed, would havebeen furnished to the PostalService.
7. Use best efforts to sell as directedby the contracting its officer anyproperty the of types referred to in subparagraph above,providedthat the contractor mayacquire b.6 propertyunderthe conditionsprescribed at pdces and approved the contractingofficer, by andthe proceeds any suchtransfer will be applied in reductionof any payments be of to made the Postal Serviceto the contractor, or be credited to the price or cost of the by workcovered this contract,or be paid in anymanner by directedby the contractingofficer. 8. Complete performance the worknot terminated. of
9. Takeanyaction that may necessary, that the contractingofficer may be or direct, for protecting preserving p.r..opertyrelatedto this contractthat is in the possession and any of the contractor in which.t..bePostalService or may and has acquire interest. an c. At any. time,-the contractormay submitto the contractingofficer a list, certified as to quantity andquality, of termination inventory not previously disposed andmay of request the Postal Serviceto remove inventory items or enter into a storageagreement coveringthem. Not later than15 days after receiving this request, PostalService the will accept title to the itemsand remove themor enter into astorageagreement. list will be subject to verification by the The contractingofficer upon removal the itemsor, if the items are stored, within 45 daysafter of submission the list. of d. After termination,the contractormustsubmitto the contractingofficer a terminationclaim in the form andwith the certification prescribed the contracting officer. Theclaim mustbe by submitted promptly,but in no eventmore than oneyear after the effective date of termination, unlessan extension writing is grantedby the contractingofficer. However, the contracting in if officer determines the facts justify suchaction, anyterminationclaim may receivedandthat be acted uponat any time after the one-yearperiod. Upon failure of the contractor to submita terminationclaim within the time allowed,the contractingofficer may determine, the basis of on the information available, the amount, any, duethe contractorby reason the termination if of and will paythat amount. e. If the contractorandthe contractingofficer fail to agreeon the amount be paid to the to contractorby reason the termination,the contractingofficer will determine amount, any, of the if duethe contractorandpaythe contractorthe contract price for completed accepted and supplies or services previouslypaid for (adjusted anysavingof freight andothercharges) not for and,with respect all othercontractworkperformed to before effective dateof termination, total of the the IQC-C Page 44 of 99 pages - 98 September 30, 1995
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2. Thecost of settling andpayingclaimsadsingout of the terminationof workunder subcontracts;and 3. A profit on e.I above, determinedby the contracting officer to be fair and reasonable; if it appears but that the contractorwould havesustained loss on the entire a contract hadit been completed, profit will be included, andan appropriate no adjustment will be made reducing amount the settlement reflect the indicatedrate of loss. the of to f. Thetotal sumto be paid to the contractor maynot exceed total contract price as the reducedby the paymentsmade and as further reducedby the contract price of work not terminated. E_xcapt normal for spoilage,andexceptto the extent that the Postalserviceexpressly assumed risk of loss, there will be excluded the fromthe amounts payable the contractorunder to paragraph above, fair value,as determined the contracting e the by officer, of propertydestroyed, lost, stolen, or damaged as to become so undeliverable the PostalService,or to a buyer. to g. Anydetermination costs will be governed the cost principles set forth in chapter5 of of by the USPS Procurement Manual effect on theeffective date of termination. in h. Thecontractor has the right of':review under the ClaimsandDisputes clause of any determination made the contractingofficer underparagraph or e above,exceptthat, if the by d contractorhasfailed to submitits termination claim within the time provided paragraph above in d andhasfailed to request extension time, theremay no right of review. an of be i. In arriving at the amount the contractor, there mustbe deducted due 1. All unliquidated advance other payments the contractor applicable to the or to terminated portionof this contract; 2. Any claim that the Postal Service mayhave against the con~actor under this contract; and 3. Theagreed price for or the proceeds sale of materials, supplies, or other things of kept by the contractor sold andnot recovered or creditedto the Postal.Service. or by j. If the termination partial, the contractor is must file with the contracting officer a request in writing for an equitable adjustment the price specifiedin the contractrelating to the continued of portionof the contract. k. The Postal Service may, under the terms and conditions it prescribes, make partial payments payments accountin connectionwith the terminatedportion of this contract and on whenever aggregateof these payments within the amountto which the contractor is the is entitled.
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I. Unless otherwise provided this contract, or by statute, the contractor, for a period of in three yearsafter final settlement,mustpreserve make and available to the PostalServiceat all reasonable times at the contractor's office, all books,records, documents, other evidence and bearingon the costs andexpenses the contractorunderthis contract andrelating to the work of terminated. If the contracting officer approves,photographs,microphotographs, other or authenticreproductions be maintained may insteadof the originals. H.6 TERMINATION DEFAULT FOR (Clause B-13) (October 1987) ThePostal Servicemay,subject to paragraphs andd below, by written notice of c 1. defaultto the contractor, terminate contract whole in part if the contractor this in or fails to (a) Complete requirements this contract within the time specified in the the of ¯ - contract anyextension; or (b) (c) Make progress,so as not to endanger performance this contract (but see of paragraph below); or d Perform of the other provisionsof this contract (but see subparagraph any a.2following).
2. The PostalService's rig,h..t to'f~erminate contractunder this a.l(b) and(c) above be exercisedif the contract6~doesnot cure the failure within ten days (or moreif authorized.in writing by the contracting officer) after receipt of the notice from the contracting officer specifying failure. the b. If the Postal Serviceterminates this contract in wholeor in part, it may acquiresimilar suppliesor servicesor complete work,andthe contractorwill be liable to the PostalService the for anyexcess costs. However, contractormustcontinuethe worknot terminated. the 5. Except defaults of subcontractors anytier, the contractoris not liable for anyexcess for at costs if the failure to perform contractarises fromcauses the beyond control andwithoutthe the ¯ fault or negligence the contractor. of d. If the failure to perform caused the default of a subcontractor anytier, andif the is by at cause the default is beyond control of both the contractorandsubcontractor, without of the and the fault or negligence either, the contractoris not liable for anyexcess of costs for failure to perform, unless the subcontracted supplies or services wereobtainablefrom other sourcesin sufficient lime for the contractor meet required to the deliveryschedule. e. If this contractis terminated default, the PostalServicemay for require the contractorto transfer title anddeliver to the Postal Service, as directed by the contracting officer, any completed supplies,partially completed supplies,andmaterials,parts, tools, dies, jigs, fixtures, plans,drawings, information,andcontractrights that the contractorhasspecifically produced or acquired the terminated for portionof this contract.Upon direction of the contractingofficer, the contractormustalso protect andpreserve propertyin its possession whichthe Postal Service in hasaninterest. -" ]. 00 September 1995 30, Page46 of 99 pages IQC-C
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f. ThePostalServicewill paythe contract price for completed itemsdeliveredandaccepted. Thecontractor andcontracting officer may agreeon the amount payment items delivered of for andacceptedunder paragraph abovefor the protection andpreservation of the property. e Failure to agreewill be a disputeunderthe Claims Disputesclause. ThePostal Servicemay and withhold from these amounts sumthe contracting officer determinesto be necessaryto any protect the PostalServiceagainstloss because outstanding of claims. g. If, after termination, is determined the ~ontractor not in default,-er that the delay it that was was excusable, rights andobligationsof the parties will be the same if the termination the as had beenissued for convenience. h. Therights andremedies the Postat Service underthis clause are in addition to any of other rights andremedies provided law or under by this contract. H.7 EXAMINATION RECORDS OF (Clause B-14) (October 1987)
a. ThePostal Serviceandits authorized representatives will, until three yearsafter final payment underthis contract, or for any shorter period specified for particular records, have accessto andthe right to examine dire.~.ly pertinent books,documents, any papers,or other records the contractor of involvingtransactions relatedto this contract. b. Thecontractoragrees include in all subcontracts to underthis contract a provisionto the effect that the PostalService its authorized and representatives will, until threeyearsafter final payment underthe subcontract, for anyshorter specified period for particular records, have or accessto andthe right to examine directly pertinent books,documents, any papers, or other records of the subcontractor involving transactions related to the subcontract. Theterm "subcontract" usedin this clauseexcludes: as 1. Purchase orders; and
2. Subcontracts public utility services rates established unfform for at for applicability to the general public. H.8 ADVERTISING CONTRACT OF AWARDS (Clause B-25) (June 1988)
Except the contracting with officers prior approval, contractor the agrees to refer in its not commercial advertisingto the fact that it wasawardedPostalServicecontractor to implyin any a manner the PostalServiceendorses products. that its H.9 ORDER PRECEDENCE OF (Clause B-29) (September1995/Interim)
,A~yinconsistency the provisions a solicitation, a contractawarded solicitation, in of under or a contract awarded without the issuance a written solicitation will be resolvedby giving of precedence the following order. in
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TheSchedule I of this cor;=tract). (Part
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SECTIONH
H.10 GRATUITIES (Clause 1-5) (October 1987) a. ThePostal Servicemay terminatethis contract for default if, after notice anda hearing, the Postal ServiceBoard ContractAppeals of determines that the contractoror the contractor's agentor other representative 1. Offered or gavea gratuity (such as a gift or entertainment)to an officer employee the Postal Service; and of 2. Intended by the gratuity to obtain a contract or favorable treatment under a contract. b. Therights andremedies the Postal Serviceprovidedin this clause are in addition to of anyother rights andremedies provided law or underthis contract. by H.11 CONTINGENT (Clause':1-6) (October 1987) FEES a. Thecontractor warrantsthat no personor selling agency beenemployed retained has or to solicit or obtain this contract for a commission, percentage, brokerage, contingentfee, or exceptbonafide employees bonafide, establishedcommercial selling agencies or or employed by the contractorfor the purpose obtainingbusiness. of b. For breachor violation of this warranty, the Postal Servicehasthe right to annulthis contractwithoutliability or to deduct fromthe contractprice or otherwise recover full amount the of the commission, percentage, brokerage or contingent fee, fee. H.12 POSTAL SERVICE PROPERTY-FIXED PRICE(Clause 2-11) (October 1987) a. Postal Service-Fumished Property 1. ThePostal Servicewill deliver to the contractor, for usein conjunction with and under the terms of this contract, the property describedas Postal Service-furnished property in the Schedule specifications, together with anyrelated information the or contractor mayrequest, that mayreasonablybe required for the intended use of the property (hereinafterreferredto as "PostalService-furnished property"). 2. The contract delivery or performance dates are basedon the expectation that PostalService-furnished propertysuitable for use(exceptfor propertyfurnished"as. is") wilt bedelivered the times at statedin the Schedule if not so stated,in sufficient timeto or, enablethe contractor to meetthese delivery or performance dates. If Postal ServiceF~age 48 of 99 pages - 102 ~" September30, 1995
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furnished property not delivered thesetimes,the contracting is by officer will, upon timely written requestfromthe contractor, make determination anydelay occasioned the a of by contractorandwill equitablyadjustthe delivery dateor performance or the contract dates pdce,or both, andany other contractual provisionsaffected by the delay, in accordance w~ththe Changes clause. 3. Except PostalService-furnished for propertyfurnished"as is", if the PostalServicefurnished property is received in a condition not suitable for its intendeduse, the contractormustnotify the contractingofficer and(as directedby the contractingofficer) either (a) return it at the expense the PostalServiceor otherwise of dispose it, or (b) of effect repairs or modifications.Upon completion (a) or (b), the contractingofficer the of (uponwrittenrequest fromthe contractor)will equitablyadjust the delivery or performance datesor the contract price, or both, andanyother affected contractual provision, in accordance with the changes clause. 4. Theprovisions for adjustment this paragraph are exclusive, andthe Postal in a Serviceis not liable to suit for breach contract by reason anydelayin delivery of of of PostalService-furnished property its deliveryin a conditionnot auitablefor its intended or
Hse.
Changes PostalService-Furnishe.d,.Property in 1. By written notice, the contractingofficer may decrease propertyprovided (a) the to be providedby the Postal Serviceunderthis contract, or (b) substitute other Postal Service-owned property, for the propertyto be providedby the Postal Service, or to be acquired the contractorfor the Postal Serviceunderthis contract. Thecontractormust by promptlytake any action the contracting officer maydirect regardingthe removaland shipping the property of covered this notice. by 2. In the event of any decrease in or substitution of property pursuant to subparagraph above,or any withdrawalof authority to use property providedunder b.1 anyother contract or lease, whichpropertythe Postal Servicehadagreed the Schedule in to make available for the performance this contract, the contractingofficer, upon of the contractor's written request (or - if substitution causesa decreasein the cost of performance on the contracting officer's owninitiative) will equitably adjust any contractualprovisionsaffectedby the decrease, substitution, or withdrawal, accordance in with the Changes douse. c. Title. Title to all Postal Service-furnished propertyremainsin the Postal Service. To definethe obligations the partiesunder of this clause,title to each itemof facilities, specialtest equipment, special tooling (other thanthat subjectto a specialtooling clause)acquired the or by contractor the PostalServiceunder for this contractwill passandvest in the PostalService when its usein the performance this contractbegins,or upon of payment it by the PostalService, for whichever earlier, whether not title waspreviously vested. All Postal Service-furnished is or property,together with all property acquired the contractor,title to which by vestsin the Postal Serviceunderthis paragraph is subject to the provisions of this clauseandis hereinafter c, collectively referred to as "Postal Serviceproperty." Title to Postal Servicepropertyin not .... P~n~ of 99 oaoes 49
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affectedby its incorporation into or attachment anypropertynot owned the PostalService, to by nor does becomefixture or lose its identity as personal it a property beingattached anyreal by to property. d. Useof Postal ServiceProperty. ThePostal Serviceproperty, unless otherwiseProvided in this contract or approved the contracting officer, mustbe usedonly for performing by this contract. e. Utilization, Maintenance, Repair of Postal Service property. Thecontractor must and maintainandadminister, in accordance sound with industrial practice, a program system or for the utilization, maintenance, repair, protection,and preservation PostalService of property until it is disposed in accordance this clause. If anydamage of with occursto Postal Serviceproperty, the dsk of whichhas been assumed the Postal Serviceunderthis contract, the Postal Service by will replacethe items or the contractormustmake suchrepairs as the Postal Servicedirects; provided,however,~that the contractorcannot if effect theserepairs within the time required,the contractor will dispose the propertyin the manner of directed by the contracting officer. The contract price includes no compensation the contractor for performing any repair or to replacement whichthe Postal Service is responsible, andan equitable adjustment for will be made anycontractualprovisionsaffected by suchrepair or replacement at the directioin in made of the Postal Service, in accordance with the Changes clause. Anyrepair or replacement for whichthe contractoris responsible underthe provisionsof this contractmustbe accomplished by the contractorat the contractor'sown expense. f. Risk of Loss. Unless otherwise provided this contract, the contractorassumes dsk in the of, andbecomes r~ponsiblefor, any loss or damage Postal Service property providedunder to this contractupon deliveryto the contractor upon its or passage title to the PostalService of as provided paragraph above, in c exceptfor reasonable andtear andexceptto the extent that wear it is consumedperforming contract. in this g. Access.ThePostal Service, andany persondesignated it, mustat reasonable by times haveaccessto premiseswhereany Postal Service property is located, for the purposeof inspecting it. h. Final Accounting for and Disposition of Postal Service property. Uponcontract completion, at suchearlier datesas may fixed by the contractingofficer, the contractor or be must submit,in a formacceptable the contractingofficer, inventoryschedules to covering itemsof all PostalServicepropertynot consumed performing in this contract (including anyresultant scrap). or not previouslydeliveredto the Postal Service,andwill prepare shipment, for deliver f.o.b. origin, or dispose this property, as the contractingofficer may of direct or authorize. Thenet proceeds the disposalwi!l be creditedto the contractpdce will be paid in sucha manner of or as the contracting officer may direct. i. Restoration of Contractor's Premises Abandonment. and Unlessotherwise providedin this contract,the PostalService Mayabandon Postal Service property in place, whereupon obligations of any all 1. the PostalService regarding will cease; it and
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2. Hasno obligation with regardto restoration or rehabilitation of the contractor's premises,either in case of abandonment, disposition on completionof needor of the contract,or otherwise, except restorationor rehabilitationcostsproperlyincluded an for in equitable adjustment underparagraph or e above. b
SERVICEPROPERTY FURNISHED "AS IS" H.13 POSTAL (Clause2-14) (October1987) a. ThePostal Servicemakes warrantywhatsoever no vdth respectto Postal Service property furnished"as is" except that the propertyis in the same conditionwhen placedat the f.o.b, point specifiedin the solicitation as when inspected the contractor by pursuant the solicitation or (if to not inspected the contractor)as when availablefor inspection by last under solicitation. the b. Thecontractor mayrepair any property made available to the contractor "as is." Repairwill be at the contractor's expense exceptwhen otherwise provided this clause. Such in property maybe modified at the contractor's expense,but only with the written permissionof the contractingofficer. Anyrepair or modification:.~0f propertyfurnished is" doesnot affect the "as title of the PostalService. c. If there is anychange (between time inspectedor last available for inspection under the th
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