HomeMy WebLinkAbout1999-08-06 Application New Construction SolicitationUNITEDSTLITES
APP' POSTAL SERVICE
New Construction Owned
STILLWATER, MN - CARRIER ANNEX
Solicitation Number: 193045 -99 -A -0046
Proposal Due: 09/03/1999 3:00 pm
KC FACILITIES SERVICE OFC
6800 W 64TH ST STE 100
OVERLAND PARK KS 66202 -4179
PROJECT # Y73259
'III UNITED STATES
POSTAL SERVICE,
1. Solicitation Number: 193045-99-A-0046
2. Solicitation Information:
a. Issue Date: Friday
b. Retum Date: Friday
c. Return Time: 3 :00 pm
d. Contact: VICKIE FORD
e. Telephone: (913) 261 -2408
08/06/1999
09/03/1999
3. Issued by:
KC FACILITIES SERVICE OFC
6800 W 64TH ST STE 100
OVERLAND PARK KS 66202 -4179
DEXCOV, June 1994, Notes to Offeror Page, FMSW1N 2.0
Solicitation
Fixed Price Construction
f. Return to address:
VICKIE FORD
KC FACILITIES SERVICE OFC
6800 W 64TH ST STE 100
OVERLAND PARK KS 66202 -4179
4. Project Name and Location:
New Construction Owned
STILLWATER, MN -- CARRIER ANNEX
5. Sealed offers (in original and 0 signed copy) for furnishing the supplies or services described in this solicitation will be received at the place specified in 2f
until the date and time (local time of the place specified) shown in block 2. All offers are subject to the provisions, representations, certifications,
specifications and contract clauses which follow or which are incorporated by reference, whether or not all of such attached
pages are retumed with the offer.
6. Notes to offerors: Please use the Postal Service for your correspondence.
"SEE ATTACHED PAGE FOR 'NOTES TO OFFERORS"
7. Acceptance: In compliance with this solicitation the undersigned offers and agrees, tf this offer is accepted within calendar days (60 calendar
days unless a different period is inserted by the offeror) from the solicitation retum date, to furnish any or all items upon which prices are offered at the
same price set opposite each Hem, delivered at the designated point(s), within the time(s) specified in the solicitation.
Note: Offers must set forth full, accurate, and complete information as required by this solicitation (including attachments). The penalty for making false
statements in offers is prescribed in 18 U.S.C. 1001.
NOTES TO OFFERORS
PROJECT NAME/DESCRIPTION: STILLWATER MN CARRIER ANNEX
PROJECT #Y73259
DESCRIPTION OF WORK: NEW CONSTRUCTION OWNED
DOCUMENTS TO BE RETURNED: As a minimum return the following pages with your proposal:
• Offer and Award, Fixed Price Construction, Pages land 2; • Section L, Representations and Certifications, 3 Pages;
• Amendments, if any were issued • Schedule of Values, • Notice of Requirements for Equal Opportunity Affirmative Action
(Clause 9 -5).
BONDS: No Proposal Bond is required. Performance and Payment Bonds will be required of the successful offeror.
Boundary and Topographic Site Survey will be provided by Amendment, at a later date.
QUESTIONS: For questions regarding the plans and specs contact Chip Lindeke at Rafferty Rafferty Tollefson at 6511224-
4831x3025. For questions regarding the proposal procedures, contact Vickie Ford at 913/261 -2408.
SUBMISSION OF PROPOSAL: Proposals, with original signature, MUST be received in this office by the time
and date set for receipt of proposals. Proposals MAY be modified by Fax or telegram until the time and date
set for receipt of proposals. See `PROPOSAL MODIFICATION' below.
PAGE -FIXED PRICE CONSTRUCTION, Notes To Offeror Page, Block 7. The first sentence refers to the calendar days for
acceptance of offers. This requires the offerors to agree to 90 calendar days for acceptance of the pricing submitted.
PROPOSAL MODIFICATION: If you submit a modification to your original offer (prior to closing date /time), please state the
modification as follows to insure that your intended final price is clear: 1) Modification pricing change for each line item
expressed as an amount to be added for deducted 2) Final offer for each line item (original price plus/minus modification).
OPENING: This is not a public proposal opening. No information will be given out until time of award. This process takes two
to four weeks after opening of proposals.
AWARD PACKAGES: At time of award the successful contractor will be furnished 10 set(s) of the solicitation package free of
charge for use during the construction phase.
TAXES: Minnesota Sales Tax: Construction contractors are liable for all applicable state taxes. No exemption will be
provided the successful construction contractor.
08/03/99 2
F; : : , UNITED STATES
POSTAL SERVICE
Section L- Representations And Certifications
L1 Type Of Business Organization
(Provision A -20) (January 1997)
The offeror, by checking the applicable blocks, represents that it:
a. Operates as:
a corporation incorporated under the laws of the state of
Dan individual;
❑ a partnership;
Da joint venture;
Da limited liability company;
®a nonprofit organization, or
Dan educational institution; and
b. Is (check all that apply):
❑ a small business concern;
Da minority-owned business —
0 Black American
0 Hispanic American
❑ Native American
❑ Asian American
❑ a woman -owned business,
0 an educational or other nonprofit organization; or
❑ none of the above entities.
Small Business. A small business concern for the purposes of Postal
Service purchasing means a business, including an affiliate, that is
independently owned and operated, is not dominant in producing or e.
performing the supplies or services being purchased, and has no more
than 500 employees, unless a different size standard has been
established by the Small Business Administration (see 13 CFR 121,
particularly for different size standards for airline, railroad, and
construction companies). For subcontracts of $50,000 or less, a
subcontractor having no more than 500 employees qualifies as a small
business without regard to other factors.
. Minority Business. A minority business is a concern that is at least 51
percent owned by, and whose management and daily business
operations are controlled by, one or more members of a socially and
economically disadvantaged minority group, namely U.S. citizens who
are Black Americans, Hispanic Americans, Native Americans, or
Asian - Americans. (Native Americans are American Indians, Eskimos,
Aleuts, and Native Hawaiians. Asian Americans are U.S. citizens
whose origins are Japanese, Chinese, Filipino, Vietnamese, Korean,
DCFXDCO3 (January 1997) FMSWIN 2.1
47
a.
b.
0.
d.
e.
f.
Facilities Department
Samoan, Laotk Kampuchea (Cambodian), Taiwanese, in the U.S.
Trust Territories . f the Pacific Islands or in the Indian subcontinent.)
Woman -owned Business. A woman -owned business is a concern at
least 51 percent of which is owned by a woman (or women) who is a
U.S. citizen, controls the firm by exercising the power to make policy
decisions, and operates the business by being actively involved in day -
to-day management.
Educational or Other Nonprofit Organization. Any corporation,
foundation, trust, or other institution operated for scientific or
educational purposes, not organized for profit, no part of the net
earnings of which inures to the profits of any private shareholder or
individual.
L.2 Parent Company And Taxpayer Identification Number
(Provision A-21) (January 1997)
A parent company is one that owns or controls the basic business
polices of an offeror. To own means to own more than 50 percent of the
voting rights in the offeror. To control means to be able to formulate,
determine, or veto basic business policy decisions of the offeror. A
parent company need not own the offeror to control it; it may exercise
control through the use of dominant minority voting rights, proxy voting,
contractual arrangements, or otherwise.
Enter the offeror's Taxpayer Identification Number (TIN) in the space
provided. The TIN is the offeror's Social Security number or other
Employee Identification Number used on the offeror's Quarterly Federal
Tax Return, U.S. Treasury Form 941.
Offeror's TIN:
Check this block if the offeror is owned or controlled by a parent
company: 0
If the block above is checked, provide the following information about
the parent company:
Parent Company's Name:
Parent Company's Main Office Address:
No. and Street:
City
Parent Company's TIN
If the offeror is a member of an affiliated group that files its federal
income tax return on a consolidated basis (whether or not the offeror is
owned or controlled by a parent company, as provided above) provide
the name and TIN of the common parent of the affiliated group:
Name of Common Parent
Common Parent's TIN
State Zip Code -
.� UNITED STATES
Ergill POSTAL SERVICE
L.3 Authorized Negotiators
(Provision A -22) (January 1997)
The offeror represents that the following persons are authorized to negotiate
on its behalf with the Postal Service in connection with this solicitation
(offeror list names, titles, and telephone numbers of the authorized
negotiators).
2
3
4
5
6
Name Title / Position
Tele • hone #
L4 Place Of Performance
(Provision A-23) (January 1997)
If the offeror intends, in the performance of any contract resulting from this
solicitation, to use one or more facilities located at addresses different from
the offeror's address as indicated in this proposal, the offeror must include
in its proposal a statement referencing this provision and identifying those
facilities by street address, city, country, state, and ZIP Code, and the name
and address of the operators of those facilities if other than the offeror.
Certificate Of Independent Price Determination
(Provision 1 4) (January 1997)
a. By submitting this proposal, the offeror certifies, and in the case of a
joint proposal each party to it certifies as to its own organization, that in
connection with this solicitation:
(1 }
(3)
The prices proposed have been arrived at independently, without
consultation, communication, or agreement, for the purpose of
restricting competition, as to any matter relating to the prices with
any other offeror or with any competitor;
(2) Unless otherwise required by law, the prices proposed have not
been and will not be knowingly disclosed by the offeror before
award of a contract, directly or indirectly to any other offeror or to
any competitor; and
No attempt has been made or will be made by the offeror to
induce any other person or firm to submit or not submit a proposal
for the purpose of restricting competition.
b. Each person signing this proposal certifies that:
(1) He or she is the person in the offerors organization responsible
for the decision as to the prices being offered herein and that he
or she has not participated, and will not participate, in any action
contrary to paragraph a above; or
(2) He or she is not the person in the offeror's organization
responsible for the decision as to the prices being offered but that
he or she has been authorized in writing to act as agent for the
persons responsible in certifying that they have not participated,
DCFXDCO3 (January 1997) FMSWIN 2.1
48
and will not participate, in any action contrary to paragraph a
above, and as their agent does hereby so certify; and he or she
has not participated, and will not participate, in any action contrary
to paragraph a above.
c. Modification or deletion of any provision in this certificate may result in
the disregarding of the proposal as unacceptable. Any modification or
deletion should be accompanied by a signed statement explaining the
reasons and describing in detail any disclosure or communication.
L.6 Contingent Fee Representation
(Provision 14) (January 1997)
a. The offeror must complete the following representations:
(1) The offeror ❑ has ❑ has not employed or retained any company or
person (other than a full -time bona fide employee working solely
for the offeror) to solicit or secure this contract.
( The offeror ❑ has ❑ has not paid or agreed to pay any company or
person (other than a full -time bona fide employee working solely
for the offeror) any fee, commission, percentage or brokerage fee,
contingent upon or resulting from the award of this contract.
b. If either representation is in the affirmative, or upon request of the
contracting officer, the offeror must furnish, in duplicate, a completed
Form 7319, Supplier's Statement of Contingent or Other Fees, and any
other information requested by the contracting officer. If the offeror has
previously furnished a completed Form 7319 to the office issuing this
solicitation, it may accompany its proposal with a signed statement:
( Indicating when the completed form was previously furnished;
(2) Identifying the number of the previous solicitation or contract, if
any, in connection with which the form was submitted; and
(3)
Facilities Department
Representing that the statement on the form is applicable to this
proposal.
L7 Buy American Certificate Construction Materials
(Provision 14 ) (January 1997 )
The offeror certifies that only domestic construction materials (as defined in
the Preference for Domestic Construction Materials clause) will be used in
the performance of this contract, except for foreign construction materials
listed below:
Material Quan ' Estimated Cost
P:; : -mem UNITED STATES
POSTISC, SERVICE
L8 Representation Of Rights In Data
(Provision 8 -2) (January 1997)
a. By completion of the representation below, the offeror must identify in
its proposal the data (including subcontractor—furnished data) it intends
to identify as "limited rights data or "restricted computer software," or
that it does not intend to provide as required. Any identification of
limited rights data or restricted rights computer software is not
determinative of the status of such data, should a contract be awarded
to the offeror.
Representation Concerning Data Rights
®Offeror has reviewed the requirements for the delivery of technical
data or computer software and states (offeror check appropriate block):
0 None of the data proposed for fulfilling the requirements qualifies as
limited rights data or restricted computer software.
0 Data proposed for fulfilling the requirements qualify as limited rights
data or restricted computer software and are identified as follows:
b. "Limited rights data and "restricted computer software" are defined in
the contract clauses entitled Rights in Technical Data and Rights in
Computer Software.
L.9 Certification Of Nonsegregated Facilities
(Provision 94) (January 1997)
a. By submitting this proposal, the offeror certifies that it does not and will
not maintain or provide for its employees any segregated facilities at
any of its establishments, and that it does not and will not permit its
employees to perform services at any location under its control where
segregated facilities are maintained. The offeror agrees that a breach
of this certification is a violation of the Equal Opportunity clause in this
contract.
b. As used in this certification, segregated facilities means any waiting
rooms, work areas, rest rooms or wash rooms, restaurants or other
eating areas, time clocks, locker rooms or other storage or dressing
areas, parking lots, drinking fountains, recreation or entertainment area,
transportation, or housing facilities provided for employees that are
segregated by explicit directive or are in fact segregated on the basis of
race, color, religion, or national origin, because of habit, local custom,
or otherwise.
c. The offeror further agrees that (unless it has obtained identical
certifications from proposed subcontractors for specific time periods) it
will obtain identical certifications from proposed subcontractors before
awarding subcontracts exceeding $10,000 that are not exempt from the
provisions of the Equal Opportunity clause; that it will retain these
DCFXDCO3 (January 1997) FMSWIN 2.1 49
Facilities Department
certifications in its files; and that it will forward the following notice to
these proposed subcontractors (except when they have submitted
identical certifications for specific time periods):
Notice: A certification of nonsegregated facilities must be submitted
before the award of a subcontract exceeding $10,000 that is not exempt
from the Equal Opportunity clause. The certification may be submitted
either for each subcontract or for all subcontracts during a period
(quarterly, semiannually, or annually).
UNITED STATES
Craig POSTAL SERVICE
Section M- Evaluation And Award Factors
f.1 Applicable if Listed In Block 9, Page 1
M.1 Contract Award And Proposal Evaluation
(Provision OA -16) (January 1997)
• Award will be made to the responsible offeror who submits the best
combination of Technical Proposal, Business Proposal (cost 1 price),
Business 1 Management Proposal (if applicable), and other factors
considered. The primary areas to be used in determining which
proposal is most advantageous to the Postal Service are listed below
in descending order of importance:
. Cost 1 Price will be considered in the award decision, although the
award may not necessarily be made to that offeror submitting the
lowest cost.
• Subcontracting plans, if required, will be reviewed for acceptability in
the types and amounts of subcontracts to small and small
disadvantaged business concerns. If this solicitation results in a
contract for more than $1 million, the otherwise successful offeror must
have an acceptable Small Business and Small Disadvantaged
Business Subcontracting Plan to receive award of the contract (Small
Businesses are exempt from this requirement).
M.2 Contract Award
(Provision A-8) (January 1997)
• The Postal Service will award a contract resulting from this solicitation
to the responsible offeror whose proposal conforming to the solicitation
offers the best value to the Postal Service, considering price, price-
related factors and other evaluation factors specified elsewhere in this
solicitation.
. The Postal Service may reject any or all proposals, and may waive
informalities and minor irregularities in proposals received.
The Postal Service may accept any item or group of items of a
proposal, unless the offeror qualifies the proposal by specific
limitations. Unless otherwise provided in the solicitation, proposals may
be submitted for quantities less than those specified. The Postal
Service reserves the right to make an award for any item for a quantity
less than the quantity contained in a proposal, at the unit cost or prices
proposed, unless the offeror specifies otherwise in its proposal.
. A written award or acceptance of proposal mailed or otherwise
furnished to the successful offeror within the time for acceptance
specified in the proposal will result in a binding contract without further
action by either party. Before the proposal's specified expiration time,
the Postal Service may accept a proposal (or part of a proposal as
provided in paragraph (c) above), whether or not there are discussions
or negotiations after its receipt, unless a written notice of withdrawal is
received before award. Discussions or negotiations conducted after
receipt of a proposal do not constitute a rejection or counteroffer by the
Postal Service.
• Neither financial data submitted with a proposal, nor representations
concerning facilities or financing will form a part of the resulting
contract. However, if the resulting contract contains a clause providing
for price reduction for defective cost or pricing data, the contract price
will be subject to reduction if cost or pricing data furnished are
incomplete, inaccurate, or not current.
Multiple awards may be made if it is considered to be in the best
interests of the Postal Service.
DCFXDCO3 (January 1997) FMSWIN 2.1
50
Facilities Department
WAIS Document Retrieval http:llneptune. fedw orld .gov /cgi-bin/waisg...docid= 9549696604 4+0+0&waisaction= retrieve
GENERAL DECISION MN990007 07/30/99 MN7
General Decision Number MN990007
Superseded General Decision No MN980007
State: M.innes❑ Wa
Construction Type:
BUILDING
RESIDENTIAL
County (ies )
ANOKA HENNEPIN SHERBURNE
BENTON ITASCA ST LOUIS
CARLTON KOOCHICHING STEARNS
CARVER LAKE WASHINGTON
COOK RAMSEY
DAKOTA SCOTT
BUILDING CONSTRUCTION PROJECTS (Does not include Treatment
Plants)
RESIDENTIAL CONSTRUCTION PROJECTS (Consisting of single family
homes and apartments up to and including 4 stories, Does not
include Itasca County or Leech Lake Indian Reservation)
Modification Number Publication Date
0 03/12/1999
1 04/09/1999
2 05/14/1999
3 05/28/1999
4 07/02/1999
5 07/30/1999
COUNTY (ies) :
ANOKA HENNEPIN SHERBURNE
BENTON ITASCA ST LOUIS
CARLTON KOOCHICHING STEARNS
CARVER LAKE WASHINGTON
COOK RAMSEY
DAKOTA SCOTT
ASBE0034A 06/01/1998
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ANOKA, BENTON, CARVER, DAKOTA, HENNEPIN, RAMSEY, SCOTT,
SHERBURNE, STEARNS & WASHINGTON COUNTIES:
INSULATOR /ASBESTOS WORKERS (Includes
application of all insulating
materials, protective coverings,
coatings & finishings to all types
of mechanical systems)
ASBE0049B 06/01/1998
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CARLTON, COOK, ITASCA, KOOCHICHING, LAKE & ST. LOUIS COUNTIES:
ASBESTOS WORKERS /INSULATORS (Includes
application of all insulating
materials, protective coverings,
coatings & finishings to all types
of mechanical systems)
25 ®52 9.05
26.70 4.96
ATTACHMENT 1
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ASBE0205B 05/01/1998
Rates Fringes
ANOKA, BENTON, CARLTON, CARVER, COOK, DAKOTA, HENNEPIN, ITASCA,
KOOCHICHING, LAKE, RAMSEY, SCOTT, SHERBURNE, ST. LOUIS, STEARNS
& WASHINGTON COUNTIES:
HAZARDOUS MATERIAL HANDLERS (Includes
preparation, wetting, stripping,
removal, scrapping, vacuuming,
bagging & disposing of all
insulation materials, whether they
contain asbestos or not, from
mechanical systems)
BOIL06473 10/01/1998
BOILERMAKERS
1311141\100 0 lA 05/01/1999
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ANOKA, CARVER, DAKOTA, HENNEPIN, RAMSEY, SCOTT, SHERBURNE (City
of Elk River) & WASHINGTON COUNTIES:
BRICKLAYERS & STONEMASONS
BRMN0001D 05/01/1999
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ALL COUNTIES, EXCEPT the city of Duluth in ST® LOUIS COUNTY:
MARBLE SETTERS
BRMN0001,1 05/01/1999
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BENTON, SHERBURNE (Excluding city of Elk River) & STEARNS
COUNTIES:
BRICKLAYERS; BLOCKLAYERS &
STONEMASONS
BRMN0001M 05/01/1999
BENTON COUNTY:
CEMENT MASONS
STEARNS COUNTY:
CEMENT MASONS & PLASTERERS
BRMN0001Q 05/01/1999
TILE SETTERS
18.21 3.30
Rates Fringes
22.90 9.41
24.66 7.54
24.25 7.44
21.37 7.69
Rates
2081 .
20.81
Fringes
7.59
7.59
Rates Fringes
ALL COUNTIES, EXCEPT CARLTON, COOK, LAKE & ST. LOUIS (City of
Duluth and south of Township Line 55):
24.24 6.95
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BRMN0001U 05/01/1999
MARBLE SETTERS' FINISHERS & TILE
SETTERS' FINISHERS
BRMN0003B 05/01/1998
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CARLTON, COOK, LAKE & ST. LOUIS (South of a line between
Townships #54 & #55, 2 miles north of Cotton) COUNTIES:
BRICKLAYERS
BRMN0003C 06/01/1999
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CARLTON, COOK, LAKE & ST. LOUIS (S. of a line between Townships
54 & 55 ((2 miles north of Cotton)) COUNTIES:
MARBLE SETTERS & TILE SETTERS
BRMNO015B 05/01/1998
KOOCHICHING COUNTY:
BRICKLAYERS
BRMNOOISD 05/01/1998
KOOCHICHING COUNTY:
CEMENT MASONS
BRMNOOI6A 05/01/1997
BRICKLAYERS
BRMN1000G 05/01/1999
CARP0190A 05/01/1997
LATHERS
Rates Fringes
20.59 5.95
23.84 4.95
22.28 3. 5 I
Rates
21.65
Rates
21.25
Fringes
3.80
Fringes
3.80
Rates Fringes
ITASCA & ST. LOUIS (North of a line between Townships #54 & #55,
2 miles north of Cotton) COUNTIES:
23.81 3062
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TERRAZZO WORKERS 24.27 7.44
TERRAZZO BASE MACHINES 23.75 7.44
FLOOR MECHANICS; TERRAZZO WORKERS' /�
FINISHERS � NISHERS 23.42 1.44
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ANOKA, BENTON, CARVER, DAKOTA, HENNEPIN, RAMSEY, SCOTT,
S HERBURNE , STEARNS & WASHINGTON COUNTIES:
22.45 7. 0 4
* CARP0361A 05/01/1999
Rates Fringes
CARLTON, COOK, LAKE (South part, excluding Sawbill Landing) &
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If 25
ST. LOUIS (Alborn, Arnold, Bartlett, Birch, Brookstone, Canyon,
Clinton, Culver, Duluth, Floodwood, Gowan, Island, Kelsey,
Lakewood, Meadowlands, Munger, Palmers, Payne, Prasit, Shaw &
Taft) COUNTIES:
CARPENTERS:
Single family & Duplex Residences
All Other Work
* CARP0361E 06/14/1999
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CARLTON, COOK, LAKE (South part, excluding Sawbill Landing) &
ST. LOUIS (Alborn, Arnold, Bartlett, Birch, Brookstone, Canyon,
Clinton, Culver, Duluth, Floodwood, Gowan, Island, Kelsey,
Lakewood, Meadowlands, Munger, Palmers, Payne, Prasit, Shaw &
Taft) COUNTIES:
SOFT FLOOR LAYERS
* CARP0361H 05/01/1999
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CARLTON, COOK, ITASCA, KOOCHICHING, LAKE, & ST. LOUIS COUNTIES:
LATHERS
CARPO548A 05/01/1999
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ANOKA, BENTON, CARVER, DAKOTA, HENNEPIN, ITASCA (Westernmost
one-tenth), RAMSEY, SCOTT, SHERBURNE, STEARNS & WASHINGTON
COUNTIES:
MILLWRIGHTS
CARP0596A 06/01/1999
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ANOKA, CARVER, DAKOTA, HENNEPIN, RAMSEY, SCOTT, SHERBURNE (E. of
Hwy #169, inclu . Zimmerman, Big Lake & Elk River) & WASHINGTON
COUNTIES:
SOFT FLOOR LAYERS
CARP0596F 05/01/1997
TERRAZZO WORKERS FINISHERS
CARP0606A 05/01/1998
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ITASCA, KOOCHICHING, LAKE (Northern part, including Sawbill
Landing) & ST. LOUIS (Excluding Alborn, Arnold, Bartlett, Birch,
Brookstone, Canyon, Clinton, Culver, Duluth, Floodwood, Gowan,
Island, Kelsey, Lakewood, Meadowlands, Munger, Palmers, Payne,
Prasit, Shaw & Taft) COUNTIES:
CARPENTERS; PILEDRIVERMEN; & SOFT
FLOOR LAYERS
CARP1348A 05/01/1998
16.87
19.85
8.20
8.20
18041 8.25
20.13 8020
25034 7.58
21.73 8.32
Rates Fringes
22.69 5.47
16004 6015
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5 of25
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CARLTON, COOK, ITASCA (Excluding the westernmost one-tenth),
KOOCHICHING, LAKE & ST. LOUIS COUNTIES:
MILLWRIGHTS
CARP9900A 05/01/1997
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CARPENTERS & PILEDRIVERMEN (Site Preparation, Excavation &
Incidental Paving):
AREA 1
AREA 2
AREA 3
AREA 4
AREA 5
AREA 1 - ANOKA, CARVER, DAKOTA, HENNEPIN, RAMSEY, SCOTT,
SHERBURNE (SE one-fourth, Including Big Lake, Elk River &
Zimmerman) & WASHINGTON COUNTIES
AREA 2 - BENTON, SHERBURNE (NW three-fourths, Including Clear
Lake & Becker) & STEARNS COUNTIES
AREA 3 - CARLTON, COOK, LAKE (Southern Half, Including Two
Harbors, Isabella & Finland) & ST. LOUIS (Southern one-third,
Including Fond Du Lac, Floodwood, Cotton & Proctor) COUNTIES
AREA 4 - ITASCA, KOOCHICHING, LAKE (Northern Half, Excluding Two
Harbors, Isabella & Finland) & ST. LOUIS (Northeast two-thirds,
Including Cook, Cusson & Ely & Western Strip, Including
Chisholm, Orr & Greaney) COUNTIES
AREA 5 - ST. LOUIS COUNTY (Duluth)
CARP9900F 05/01/1998
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ANOKA, CARVER, DAKOTA, HENNEPIN, RAMSEY, SCOTT, SHERBURNE
(Excluding St. Cloud & extending 5 miles beyond the city limits
of St. Cloud) & WASHINGTON COUNTIES:
COMMERCIAL BUILDING:
Carpenters & Piledrivermen
Insulators (Other than description
of Residential)
RESIDENTIAL:
Carpenters & Piledrivermen
Insulators (Erection of or
remodeling of wood frame structure,
4 stories or less; the remodeling
of any existing residential
structure 4 stories or less)
CARP99000 05/01/1998
Rates Fringes
BENTON, SHERBURNE (Extreme NW portion, Including St. Cloud &
extending 5 miles beyond the city limits of St. Cloud) & STEARNS
COUNTIES:
CARPENTERS & PILEDRIVERMEN:
Commercial Building 17.69 5.44
Residential 15.69 5.44
SHERBURNE COUNTY (Central Pt.):
19.45 4.75
21.12
18.99
20.23
20.00
20.63
8.11
6.89
6.95
7.18
6.95
23.98 6.44
23.98 6.44
21.30 6.44
21.30 6.44
8/3/99 10:47 AM
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CARPENTERS & PILEDRIVERMEN
ELECO11OA 05/01/1999
Rates Fringes
ANOKA (Except Anoka & Fridley Townships & the cities of Andover,
Anoka, Columbia Heights, Coon Rapids, Fridley, Hilltop, Ramsey &
Spring Lake Park), DAKOTA, RAMSEY, SHERBURNE (East of Becker &
Santiago Townships) & WASHINGTON COUNTIES:
ELECTRICIANS (Also includes new construction of multiple
dwellings in excess of 4- plexes & all residential remodeling,
rewiring & repairing of any apartment project exceeding 8 units
or 400 amp service):
ELECTRICIANS
CABLE SPLICERS
ELECO110D 12/01/1998
ELECTRICIANS (Up to & including 3
stories above grade in height)
ELEC0I10F 03/01/1998
SOUND, S I GNAL & COMMUNI CATIONS WORK:
Technician (Installation of
Controller Only)
Installer (Excluding Controller
Work)
* ELECO242B 06/01/1999
ELECTRICIANS
ELECO292A 11/01/1997
16.17 4.99
24.71
25.71
Rates
10.69
10.69
Rates Fringes
ANOKA (Except Anoka, Fridley, Grow & Ramsey Townships), DAKOTA,
RAMSEY, SHERBURNE (East of Becker & Santiago Townships) &
WASHINGTON COUNTIES:
18.96 6023
19.22
11.31
26.68 8.80
Fringes
®58 +a +b
34 +a +b
FOOTNOTES:
a. 1 year's service - 5 days' paid vacation; 2 years' service
10 days' paid vacation; 5 years' service ® 12 days' paid
vacation; 7 years' service - 14 days' paid vacation; 9 years'
service - 16 days' paid vacation; 11 years' service - 18
days' paid vacation; 12 years' service - 20 days' paid
vacation
b. 8 Paid Holidays: New Year's Day; Memorial Day; 4th of July;
Labor Day; Thanksgiving Day; Day After Thanksgiving; the
normal work day preceding Christmas Day; & Christmas Day
Rates Fringes
CARLTON, COOK, ITASCA (Southerly 12 townships, including Harris,
Feely, Blackberry, Spang, Coodland, Sago & Wawina) , LAKE & ST.
LOUIS (South part bounded on the north by the north line of
Kelsey Township extended east & west) COUNTIES:
Rates Fringes
ANOKA (Anoka & Fridley Townships & the cities of Andover, Anoka,
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Columbia Heights, Coon Rapids, Fridley, Hilltop, Ramsey & Spring
Lake Park) , CARVER, HENNEPIN & SCOTT COUNTIES:
ELECTRICIANS (Also includes residential quarters over 3 stories) :
Electricians 24.26 10.17
Cable Splicers 25026 10.59
ELECO292C 12/01/1998
Rates Fringes
ANOKA (Anoka & Fridley Townships & the cities of Andover, Anoka,
Columbia Heights, Coon Rapids, Fridley, Hilltop, Ramsey & Spring
Lake Park), CARVER, HENNEPIN & SCOTT COUNTIES:
ELECTRICIANS (All new family dwellings up to & including 4
plexes and all residential remodeling, rewiring & repairing in
apartment buildings up to & including a 400 ampere service
limited to 3 floors occupied as living quarters floors & non -
elevator apartment buildings) 17.82 6.06
ELECO294B 06/01/1999
Rates Fringes
KOOCHICHING & ST. LOUIS (North part bounded on the south by the
south line of Ellsburg Township, extended east & west) COUNTIES:
ELECTRICIANS (Excluding work up to & including 6- plexes under one
roof) :
ELECTRICIANS 23070 9.12
CABLE SPLICERS 24.25 9.34
ELECO294C 04/01/1998
Rates Fringes
ITASCA (Excluding section south of a line extending east & west
of the south line of Grand Rapids & Trout Lake Townships),
KOOCHICHING & ST. LOUIS (North part bounded on the south by the
south line of Ellsburg Township, extended east & west) COUNTIES:
ELECTRICIANS (Up to & including
6- plexes under one roof)
ELECO294F 06/01/1999
15.70 5.53
Rates Fringes
ITASCA COUNTY (Excluding section south of a line extending east &
west of the south line of Grand Rapids & Trout Lake Townships):
ELECTRICIANS (Excluding work up to & including 6- plexes under one
roof):
ELECTRICIANS:
Electrical Installations Under
$3,000,000.00 19.15 6.87
All Other Work:
Electricians 23.70 9.12
Cable Splicers 24.25 9.34
ELECO343A 06/01/1998
Rates Fringes
BENTON, SHERBURNE (Becker, Clear Lake, Haven, Palmer & Santiago
Townships) & STEARNS COUNTIES:
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ELECTRICIANS (Commercial Building Construction):
ELECTRICAL INSTALLATIONS OVER $300,000.00:
Electricians 22.22 8.46
Cable Splicers 23.22 8.59
ELECTRICAL INSTALLATIONS UNDER $300,000.00:
Electricians 19.17 8.05
Cable Splicers 20.17 8.18
ELECO343F 06/01/1998
Rates Fringes
BENTON, SHERBURNE (Becker, Clear Lake, Haven, Palmer & Santiago
Townships) & STEARNS COUNTIES:
ELECTRICIANS (Residential
Construction)
* ELEV0009A 07/03/1999
Rates Fringes
ANOKA, CARVER, DAKOTA, HENNEPIN & RAMSEY COUNTIES AND ALL AREAS
WITHIN A 100 -MILE RADIUS OF MINNEAPOLIS -ST. PAUL STATE FAIR
GROUNDS IN MINNEAPOLIS:
ELEVATOR MECHANICS
FOOTNOTES:
* ELEV0009F 07/03/1999
ELEVATOR MECHANICS
ENGI0049D 05/01/1999
GROUP 1
GROUP 2
GROUP 3
GROUP 4
GROUP 5
GROUP 6
GROUP 7
15.89 5.03
26.745 6.675 +a+b
a. 7 Paid Holidays: New Year's Day; Memorial Day; Independence
Day; Labor Day; Thanksgiving Day; The Day After Thanksgiving
& Christmas Day
b. Employer contributes 8% of regular hourly rate to vacation
pay credit for employee who has worked in business more than
5 years; 6% for less than 5 years
Rates Fringes
LAKE & ST. LOUIS COUNTIES AND ALL AREAS WITHIN A 10-MILE RADIUS
OF CITY HALL IN DULUTH:
26.745 6.675 +a -hb
FOOTNOTES:
a. 7 Paid Holidays: New Year's Day; Memorial Day; Independence
Day; Labor Day; Thanksgiving Day; The Day After Thanksgiving
& Christmas Day
b. Employer contributes 8% of regular hourly rate to vacation
pay credit for employee who has worked in business more than
5 years; 6% for less than 5 years
Rates Fringes
POWER EQUIPMENT OPERATORS (Building & Residential Construction):
26.59
26.25
24.84
24.50
24.33
22.82
21.70
7.00
7.00
7.00
7.00
7.00
7.00
7.00
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GROUP 8
20.14 7.00
GROUP 1 - Helicopter Operator; Truck & Crawler Crane with
200' of Boom & Over, including Jib ($.50 premium with 300' of
Boom & over, including jib); & Tower Crane 250' & Over
GROUP 2 - Truck & Crawler Crane with 150' of Boom, up to but
not including 200' o f Boom, including Jib; & Tower Crane
200' & Over
GROUP 3 - Traveling Tower Crane; Master Mechanic; Pile Driving
Operator (when 3 drums are used); Truck & Crawler Crane, up to
but not including 150' of Boom, including Jib; Derrick (Guy &
Stiffleg); Tower Crane (Stationary) up to 200'; & Terrain
Vehicle Crane
GROUP 4 - Crawler Backhoe; Hoist Engineer (3 drums or more);
Locomotive Operator; Overhead Crane Operator (inside building
perimeter); & Tractor Operator with Boom
GROUP 5 - Air Compressor Operator 450 CFM or Over (2 or more
machines); Pump Operator and /or Conveyor Operator (2 or more
machines); Mechanic; Pumperete or Complaco type Machine
Operator; Forklift; Boom Truck Operator; Concrete Mixer
Operator; Drill Rig - Heavy Rotary or Churn when used for
Caisson Drilling for Elevator Cylinder or Building
Construction; Front End Loader (Over 1 cud yd. ); Hoist
Engineer (1 or 2 drums); Straddle Carrier Operator; Power
Plant Engineer (100 KW & over on multiples equal to 100KW
& over); Tractor Operator over D2; & Well Point Pump Op.
GROUP 6 - Concrete Batch Plant Operator; Gunite Operator;
Tractor Operator D2 or similar size; & Front End Loader
Operator, up to 1 cu. yd.
GROUP 7 - Air Compressor Operator 450 CFM or Over; Pump
and/or Conveyor Operator; Brakeman; Pick -up Sweeper (l cu
yd. & over Hopper capacity); Truck Crane Oiler; & Welding
Machine Operator
GROUP 8 m- Mechanical Space Heater (Temporary Heat); Oiler
or Greaser; & Elevator Operator
ENGI0049H 05/01/1999
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
Rates Fringes
POWER EQUIPMENT PMENT OPERATORS (Site Preparation, Excavation &
Incidental Paving):
ANOKA, CARVER, COOK, DAKOTA, HENNEPIN, LAKE, RAMSEY, SCOTT,
SHERBURNE (S. of the northern boundary of T. 33-N & E. of the
western boundary of R. 27-W), ST. LOUIS & WASHINGTON COUNTIES:
GROUP 1
GROUP 2
GROUP 3
GROUP 4
GROUP 5
GROUP 6
23.67
23.12
22.94
22.82
19.78
18,57
7.00
7.00
7.00
7.00
7.00
7.00
BENTON (E. of the western right -of -way of U.S. Hwy #10), CARLTON,
ITASCA (E. of the western right-of-way of Minn. Hwy #6) ,
KOOCHICHING (E. of a N -S line from the Canadian border to
Pelland, the western right -of -way of U.S. Hwy #71 from Pelland
to Big Falls & Minn. Hwy #6), SHERBURNE (Excluding area S. of
the northern boundary of T. 33-N and E. of the western boundary
of R. 27-W) & STEARNS (E. of the western right-of-way of Minn.
Hwy #15) COUNTIES:
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GROUP 1
GROUP 2
GROUP 3
GROUP 4
GROUP 5
GROUP 6
22.06
21.61
21:44
21.31
18.74
17.87
7.00
7.00
7.00
7.00
7.00
7.00
BENTON (Excluding E. of the western right-of-way of U.S. Hwy
#10), ITASCA (Excluding area E. of the western right -of -way of
Minn. Hwy #6), KOOCHICHING (Excluding area E. of a N -S line from
the Canadian border to Pelland, the western right -of -way of U.S.
Hwy #71 from Pelland to Big Falls & Minn. Hwy #6) & STEARNS
(Excluding area E. of the Western right -of -way of Minn. Hwy #15
COUNTIES:
GROUP 1
GROUP 2
GROUP 3
GROUP 4
GROUP 5
GROUP 6
20.05
19.12
18.92
18.81
17.10
16.50
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
7.00
(
7000
7.00
7.00
7.00
7.00
GROUP 1 - Helicopter Pilot; *Crane with over 135' Boom,
excluding Jib; Dragline, Crawler, Hydraulic Backhoe and/or
other similar equipment with Shovel -type Controls 3 cu. yds. &
over Mfg. rated Cap.; & Pile Driving when 3 Drums are in use
GROUP 2 - Cableway; Concrete Mixer, Stationary Plant over 34E;
Derrick (Guy or Stiffleg) (Power) (Skids or Stationary); Diver;
Dragline, Crawler, Hydraulic Backhoe and/or similar equipment
with Shovel. -type Controls, up to 3 cu. yds. Mfg. rated cap.;
Dredge or Engineers, Dredge (Power) & Engineer; Front End
Loader, 5 cu. yds. & over; Grader or Motor Patrol, Finishing
Earthwork & Bituminous; Locomotive Crane; Master Mechanic;
Mixer (Paving) Concrete Paving, Road; Mole, including Power
Supply; Mucking Machine, including Mucking Operations, Conway
or similar type; Piledriving; Refrigeration Plant Engineer;
Tandem Scraper; Tractor - Boom type; Truck Crane - Crawler
Crane; & Tugboat 100 HP & over
GROUP 3 - Dual Tractor; Elevating Grader; Pumperete; Scraper
Struck Cap. 32 cu. yds. & over; & Self - propelled Traveling Soil
Stabilizer
GROUP 4 - Air Track Rock Drill; Articulated Hauler Terex,
Caterpillar or similar type; Asphalt Bituminous Stabilizer
Plant; Automatic Road Machine (CMI or similar); Backfiller;
Bituminous Roller (8 Tons & over); Bituminous Spreader &
Finishing (Power); Boom Truck (Power operated Boom); Brokk or
R.T.C. 750 Remote Control or Similar types with all
attachments; Cat & Scraper; Cat Tractors with Rock Wagons or
similar types; Challenger 75-D or 85-D when pulling Scraper or
Bulldozer; Chip Harvester & Tree Cutter over 150 HP; Concrete
Batch Plant; Concrete Mixer on jobsite over 14S; Concrete
Mobile; Crushing Plant (Gravel & Stone) or Gravel Washing,
Crushing & Screening Plant; Curb Machine; Directional Boring
Machine; Dope Machine (Pipeline); Drill Rigs, Heavy Rotary or
Churn or Cable Drill; Fork Lift or Straddle Carrier; Fork Lift
or Lumber Stacker; Front End Loader, over 1 cu. yd. Hoist
Engineer (Power); Hydraulic Tree Planter; Launcherman
(Tankerman or Pilot License); Lead Greaser; Locomotive;
Mechanic; Milling, Grinding & Planing Machine; Morbark Tub
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Grinder or Similar Type; Multiple Machines, such as Air
Compressors, Welding Machines, Generators, Pumps; Pavement
Breaker or Tamping Machine (Power Driven) Mighty Mite or
similar type; Pickup Sweeper, 1 cu. yd. & over Hopper Cap.;
Pipeline Wrapping, Cleaning or Bending Machine; Power Plant
Engineer, 100 K.W.H. & over; Power Actuated Horizontal Boring
Machine, over 6 "; Pugmill; Rubber -- tired Farm Tractor, Backhoe
Attach.; Scraper, up to 32 cu. yds.; Skid Steer Loader, over 1
cu. yd. with Backhoe Attachment; Slip Form (Power Driven)
(Paving); Tie Tamper & Ballast Machine; Tractor, Bulldozer;
Tractor Operator, over 50 HP with Power Take -off; Trenching
Machine (Sewer, Water, Gas) ; Well Point Installation; &
Dismantling or Repair Mechanic
GROUP 5 - Air Compressor, 600 CFM or over; Bituminous Roller
(Under 8 tons) ; Bituminous Rubber -tired Roller; Bituminous
Spreader & Bituminous Finishing Machine Tender (Power);
Concrete Distributor & Spreader Finishing Machine, Longitudinal
Float, Joint Machine, & Spray; Concrete Saw (Multiple Blade)
(Power Operated); Form Trench Digger (Power); Front End Loader,
up to & incl. 1 cu. yd.; Grader (Motor Patrol); Gunite Gunall;
Hydraulic Log Splitter; Loader (Barber Greene or similar type);
Payhauler or similar type; Post Hole Driving Machine /Post Hole
Auger; Power Actuated Auger & Boring Machine; Power Actuated
Jack; Pump; Self-propelled Chip Spreader (Flaherty or similar);
Sheep Foot Compactor with Blade - 200 HP & over; Shouldering
Machine (Power) Apsco or similar type inclu. self- propelled
Sand & Chip Spreader; Stump Chipper & Tree Chipper; Tractor
Operator, Bulldozer, 50 HP or less; & Tree Farmer (Machine)
GROUP 6 - Challenger 75-D or 85 -D when pulling Disk or Roller;
Conveyor; Dredge Deck Hand; Fireman or Tank Car Heater; Gravel
Screening Plant (Portable not Crushing or Washing); Greaser
(Truck or Tractor); Leverman; Mechanic Tender; Mechanic, Space
Heater (Temporary Heat) ; Oiler (Power Shovel, Crane, Dragline) ;
Power Sweeper; Roller on Gravel Compaction; Self - propelled
Vibrating Packer (35 HP & over); Sheep Foot Roller, Tractor,
Wheel Type (over 50 HP); & Truck Crane oiler
*CRANE OVER 135' BOOM, EXCLUDING JIB - $ .25 PREMIUM;
CRANE OVER 200' BOOM, EXCLUDING JIB - $ .50 PREMIUM
UNDERGROUND WORK:
TUNNELS, SHAFTS, ETC. - $ .25 PREMIUM
UNDER AIR PRESSURE - $ 050 PREMIUM
HAZARDOUS WASTE PROJECTS (PPE Required):
LEVEL A -- $1.25 PREMIUM
LEVEL B - $ .90 PREMIUM
LEVEL C $ 060 PREMIUM
IRONO512A 05/01/1999
Rates Fringes
ANOKA, BENTON, CARVER, DAKOTA, HENNEPIN, RAMSEY, SCOTT,
S HE RBURNE , STEARNS , & WASHINGTON COUNTIES:
IRONWORKERS
IRON0563B 05/01/1998
25.50 9.74
Rates Fringes
CARLTON, COOK, ITASCA, KOOCHICHING, LAKE & ST. LOUIS COUNTIES:
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IRONWORKERS
LAB000101) 05/01/1997
LANDSCAPERS: Seeding, Sodding &
Planting of evergreen & deciduous
shrubs & trees on all Work, except
Residential of 4 units or less
LAB00132B 02/15/1999
Rates Fringes
ANOKA, BENTON, CARVER, DAKOTA, HENNEPIN, RAMSEY, SCOTT,
SHERBURNE, STEARNS & WASHINGTON COUNTIES:
LABORERS, Asbestos Abatement
L1B00132J 05/01/1998
21.08 9.50
Rates Fringes
10.48 4604
18.13 6.40
Rates Fringes
ANOKA, CARVER, DAKOTA, HENNEPIN, RAMSEY, SCOTT, SHERBURNE &
WASHINGTON COUNTIES:
LABORERS (Building & Residential Construction):
GROUP 1 21.35 5.19
GROUP 2 21.67 5.19
GROUP 3 21.97 5.19
FL1.GPERSON 18.57 4.99
LAB00132N 06/01/1999
GROUP 1 - Construction; Carpenter Tender; Concrete; Damp Proofer
Below Grade; Drill Runner Tender; Dumpman - Dirt, Asphalt,
Concrete, Cement; Heater Tender; Hot Tar Caulker - Corker;
Joist Handler; Material Handler - Power Buggy; Rebar; Snow
Blower Operator; Signal Person; Asbestos and Hazardous Waste
Technician; Hydro Blast or Waterblast; Chain Saw Operator;
Concrete Saw, Drill Operator; Concrete Vibrator; Demolition &
Remodeling, Excluding Demolition of an entire Structural
System; Mason Tender; Mortar Mixer - Cement or any other
substitute Material or Composition; Pipe Handler; Pneumatic &
Electric Tool, Jackhammer, Paving Buster, Chipping Hammer,
Tamper Operator, etc.; Swing Stage Line Scaffold (Not including
"Patent" Scaffolding); Torchman - Gas, Electric, Thermal or
similar device; & Remote Control Tamper
GROUP 2 - Caisson Work; Mounted Wall Saw Operator; Nozzle
Operator - Gunite, Cement, Sandblasting; Pipelayer; Pipe Rehab
Technical, including Cleaning, Cutting, Cameraing, etc;
Refractory Worker; Sheeting Setter & Driver, Heavy Building
Excavation; Underground Work - Open Ditch or Excavation 8'
Below Grade; & Underpinning
GROUP 3 - Driller for Blasting purposes; Dynamite Blaster or
substitute products Tovex TR, Water, Gas, Gel, Bristar, Silent
Dynamite, etc.
Rates Fringes
ANOKA, CARVER, DAKOTA, HENNEPIN, RAMSEY, SCOTT, SHERBURNE &
WASHINGTON COUNTIES:
PLASTER TENDERS
LABORER C LAS SI FI CAT I ONS
23.85 5.59
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LABO0563A 05/01/1999
Rates
BENTON & STEARNS COUNTIES:
LABORERS (Building & Residential Construction):
Total Construction Projects of Over $950,000.00:
GROUP 1 15.59
GROUP 2 15.81
GROUP 3 15.86
GROUP 4 - FLAGPERSON 13.68
Total Construction Projects Under $950,000.00:
GROUP 1 13.84
GROUP 2 14.06
GROUP 3 14.11
GROUP 4 - FLAGPERSON 12.11
LABORER CLASSIFICATIONS
Fringes
6.30
6.30
6.30
6.30
6.30
�/
6 . 3 0
6.30
6.30
GROUP 1 - Construction; Asbestos & Hazardous Waste Technician;
Carpenter Tender; Chain Saw Operator; Concrete Saw, Drill
Operator; Concrete Vibrator; Concrete; Damp Proofer Below
Grade; Demolition & Remodeling, Excluding Demolition of an
entire Structural System; Drill Runner Tender; Dump Person -
Dirt, Asphalt, Concrete, Cement; Heater Tender; Hot Tar Caulker
- Corker; Hydro Blast or Waterblaster; Joist Handler; Mason
Tender; Material Handler - Power Buggy; Mortar Mixer -- Cement
or any other Substitute material or Composition; Pipe Handler;
Pneumatic & Electric Tools, Jackhammer, Paving Buster, Chipping
Hammer, Tamper Operator, etc.; Rebar; Remote Control Tamper;
Signal Person; Snow Blower Operator; Swing Stage Line Scaffold
(Not including "Patent" Scaffolding); Torchperson - Gas,
Electric, Thermal or similar device
GROUP 2 - Caisson Work; Mounted Wall Saw Operator; Nozzle
Operator - Gunite, Cement, Sandblasting; Pipelayer; Pipe Rehab
Technician (Including Cleaning, Cutting, Cameraing, etc.);
Refractory Worker; Sheeting Setter & Driver, Heavy Building
Excavation; Underground Work - Open Ditch or Excavation 8'
Below Grade; & Underpinning
GROUP 3 - Driller for Blasting Purposes; Dynamite Blaster or
substitute products Tovel TR, Water, Gas, Gel, Bristar, Silent
Dynamite, etc.
LABO109IA 05/01/1998
Rates Fringes
CARLTON, COOK, LAKE & ST. LOUIS (South of T 55 N) COUNTIES
LABORERS (Building & Residential Construction):
GROUP 1 15.95 5.39
GROUP 2 16.10 5.39
GROUP 3 16.35 5.39
GROUP 4 16.65 5.39
FLAGPERSON 14.05 5.39
LABORER CLASSIFICATIONS
GROUP 1 - General; Carpenter Tender; Concrete Laborer; Damp
Proofer Below Grade; Drill Runner Tender; Dumpman - Dirt,
Asphalt, Concrete, Cement; Heater Tender; Hot Tar Caulker -
Corker; Joist Handler; Rebar; Snow Blower Operator;
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Signalperson; Material Handler (All types Power Buggy) ; Fire
Control; Asbestos Removal; & Hazardous Waste
GROUP 2 - Chain Saw Operator; Concrete Saw, Drill Operator;
Concrete Vibrator; Demolition & Wrecking, Excluding
Remodeling; Gunite, Sandblasting Machine Operator; Mason
Tender; Mortar Mixer - Cement or any other substitute material
or composition; Pipe Handier; Pneumatic & Electric Tools,
Jackhammer, Paving Buster, Chipping Hammer, Tamper Operator,
etc.; Swing Stage Line Scaffold (not including "patent"
scaffolding); Torchman Gas, Electric, Thermal or similar
device; & Hydroblast
GROUP 3 - Caisson Work; Nozzle Operator - Gunite, Cement,
Sandblasting; Pipelayer; Refractory Worker; Sheeting Setter &
Driver, Heavy Building Excavation; Underground Work - Open
Ditch or Excavation 8' Below Grade; Underpinning; & Hod
Carrier
GROUP 4 - Driller for Blasting Purposes; Dynamite Blasters or
substitute products Tovex TR, Water, Gas, Gel, Bristar, Silent
Dynamite, etc.; Asbestos Abatement Worker; & Hazardous Waste
Worker
LAB01091C 05/01/1999
Rates Fringes
CARLTON, COOK, LAKE & ST. LOUIS (South of TR 55) COUNTIES:
LABORERS:
Asbestos Abatement
LAB01097A 05/01/1999
Rates Fringes
ITASCA, KOOCHICHING & ST. LOUIS (North of T 55N) COUNTIES:
RESIDENTIAL WORK
COMMERCIAL BUILDING:
GROUP 1
GROUP 2
GROUP 3
GROUP 4
GROUP 5
LABORER CLASSIFICATIONS
18016 6.80
15016
17.84
18.24
1854
15.94
19.84
5 @54
5.54
5.54
5.54
5.54
5.54
GROUP 1 - Construction; Carpenter Tender; Concrete; Damp
Proofer Below Grade; Dump Person - Dirt, Asphalt, Concrete &
Cement; Heater Tender; Hot Tar Caulker ® Corker; Joist
Handler; Material Handler - Power Buggy; Rebar; Signal Person;
& Snow Blower Operator; Chain Saw Operator; Concrete Vibrator;
Demolition & Wrecking, Excluding Remodeling; Mason Tender;
Mortar Mixer - Cement or Any Other Substitute Material or
Composition; Pipe Handler; Pneumatic & Electric Tool,
Jackhammer, Paving Buster, Chipping Hammer, Tamper Operator,
Etc.; Swing Stage Line Scaffold (Not including "Patent"
Scaffolding); & Torch Person ® Gas, Electric, Thermal or
similar device; Scrapping, Sweeping & Clean-up; Skid Steer,
Forklift (Incidental Use)
GROUP 2 - Creosote Handler; Caisson Work; Concrete Saw Drill
Operator; Nozzle Operator - Gunite, Cement, Sandblasting;
Pipelayer; Sheeting Setter & Driver, Heavy Building
Excavation; Underground Work - Open Ditch or Excavation 8'
Below Grade; Underpinning; & High Pay /Low Pay -- 40 ft. Over or
Under Ground Floor without Conventional Floor Areas; Pipe-
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Rehab Technician, including Cleaning, Cutting, Camering, etc.;
& Wall Mounted Saw Operator
GROUP 3 - Driller for Blasting Purposes; Dynamite Blaster or
substitute products; & Tovex TR, Water, Gas, Gel, Bristar,
Silent Dynamite, etc.
GROUP 4 - Flagperson
GROUP 5 - Refractory Worker
LABO1097F 05/01/1999
Rates Fringes
ITASCA, KOOCHICHING & ST. LOUIS (North of T 55 N) COUNTIES:
LABORERS:
Asbestos Abatement
LABO9900A 05/01/1997
Rates Fringes
LABORERS (Site Preparation, Excavation & Incidental Paving):
ANOKA, CARVER, DAKOTA, HENNEPIN, RAMSEY, SCOTT, SHERBURNE &
WASHINGTON COUNTIES:
GROUP 1
GROUP 2
GROUP 3
GROUP 4
GROUP 5
GROUP 6
GROUP 7
BENTON & STEARNS COUNTIES:
GROUP 1
GROUP 2
GROUP 3
GROUP 4
GROUP 5
GROUP 6
GROUP 7
GROUP 1
GROUP 2
GROUP 3
GROUP 4
GROUP 5
GROUP 6
GROUP 7
GROUP 1
GROUP 2
GROUP 3
GROUP 4
GROUP 5
GROUP 6
GROUP 7
KOOCHICHING COUNTY:
18.16 6.80
18.65
(��( �
1 }ry 8 . 8 5
19.00
19.10
19.35
20.65
14.95
14.80
15.00
15.15
15.25
15.50
16.80
�
1 1 . 9 0
17.69
17.89
18.04
18.14
18.39
19.69
14.14
ITASCA & ST. LOUIS (North of T. 55 N) COUNTIES:
17.13
17,33
17.48
17.58
17.83
19.13
13.98
5.05
5.05
5.05
5.05
5.05
5.05
4.80
5.05
5.05
5.05
5.05
5.05
5.05
y . 0 5
i . 85
CARLTON, COOK, LAKE & ST. LOUIS (South of T. 55 N) COUNTIES:
5.14
5.14
5.14
5.14
5.14
5.14
4.89
5.70
5.70
5.70
5.70
5.70
5.70
5.05
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GROUP 1
GROUP 2
GROUP 3
GROUP 4
GROUP 5
GROUP 6
GROUP 7
12.75
12.95
13.10
13.20
13.45
14°75
10.75
LABORER CLASSIFICATIONS
4.10
4.10
4.10
4.10
4.10
4.10
4.05
GROUP 1 - Construction; Bituminous Batcherperson (Stationary
Plant) ; Bituminous Worker - Shoveler, Raker, Floater, Squeegee,
Utility; Blaster Tender; Brick Tender; Carpenter Tender; Cement
Coverperson Batch Truck; Cement Handler '- Bulk, Bag; Concrete
Batcherperson; Concrete Handler, Caisson, Footings, Columns,
Piling, Slabs, etc.; Concrete Longitudinal Float Operator
(Manual Bullfloat on Paving); Concrete Shoveler, Tamper &
Puddler (Paving) ; Conduit Layer; Curb Setter; Damp Proofer
Below Grade; Demolition of an entire Structural System,
Excluding Remodeling; Drill Runner Tender; Dump Operator (Dirt,
Paver, Dumping Batch Truck, etc.); Fabric Installer; Grade
Checker; Hydrant & Valve Setter; Hydro Blast or Waterblaster;
Joint Filler (Concrete Pavement) ; Kettleperson (Bituminous or
Lead); Labor Wrecking Demolition; Mortar Mixer; Pipe Handler;
Pipelayer ($1.00 Premium); Power Buggy Operator; Pump Operator
(Less than 6 "); Reinforced Steel Laborer; Reinforced Steel
Setter (Paving); Retaining Wall Installation; Sand Cushion
Bedmaker; Service Connection Maker (Water, Gas); Signalperson;
Slip Lining of Utility Lines; Soil Stabilizer; Sound Barrier &
Guard Rail Installation; Squeegeeperson; Stabilizing
Batcherperson (Stationary Plant); Temporary Heaters & Blower
Tender; Top Person (Sewer, Water or Gas Trench); Traffic
Controller (Traffic Barriers) & Transit /Level
GROUP 2 - Chain Saw; Compaction Equipment (Hand Operated or
Remote Control); Concrete Drilling; Concrete Mixer Operator;
Concrete Sawer; Concrete Vibrator; Ditch & Other Work more than
8' Below starting level of manual work; Formsetter; Joint
Sawer, Mortar; Pipe Fuser /Technician; Pneumatic Tools,
Jackhammer, Paving Buster, Chipping Harmer, etc.; Remote
Control Demo Machine & Related Accessories
(Electric /Hydraulic); Stone Tender/Mason Tender; & Torchperson
® Gas, Electric, Thermal or Similar Device
GROUP 3 ® Brick or Block Paving Setter; Caisson Work; Cofferdam
Work
GROUP 4 - Bottomperson (Sewer, Water or Gas Trench - More than
8' Below starting level or manual Work); Cement Gun Operator
(1 1/2" or Over); Driller - Air Track or Similar; & Nozzle
Operator (Gunite, Sandblasting, Cement)
GROUP 5 - Asbestos & Hazardous Waste Tech; Tunnel Laborer;
Tunnel Miner; Tunnel Miner Tender; Underground Laborer; &
Underpinning
GROUP 6 - Blasting Person (Dynamite or substitute Products); &
Tunnel Miner Under Pressure
GROUP 7 - Flagperson
PAIN0061A 05/01/1998
Rates Fringes
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DAKOTA, RAMSEY & WASHINGTON COUNTIES:
PAINTERS:
GROUP 1
GROUP 2
GROUP 3
PAINTER CLASSIFICATIONS
GROUP 1 - Brush; Drywall Finisher; & Paperhanger
GROUP 2 - Drywall Sander
GROUP 3 - Sandblaster; Spray; Swing Stage; Boatswain Chair;
Window Jack; Safety Belt; Erected Structural Steel; Bridges;
& Application of Epoxy Materials & Materials containing over
50% Creosote
PAINO 106A 05/01/1998
Rates Fringes
CARLTON, COOK, ITASCA, KOOCHICHING, LAKE & ST. LOUIS COUNTIES:
GLAZIERS
22.13
16.60
22.88
7.30
7.30
7.30
19.79 4.89+a
FOOTNOTE:
a. 1 to 4 years service - 1 week's paid vacation; 5 to 11
years' service - 2 weeks' paid vacation; 11 years' service
or more - 3 weeks' paid vacation
PAINO 1 06D 05/01/1998
MN990007 - 1
Rates Fringes
CARLTON, COOK, ITASCA, KOOCHICHING, LAKE & ST® LOUIS COUNTIES:
PAINTERS:
New Commercial Building:
Brush; Roller
Paperhanging; Spray; Steel;
& Taping
Commercial Building Repaint &
Residential:
Brush; Roller; & Lead Base Paint
Removal & Abatement with Basic
Hand Tools such as Scrapers
Paperhanging; Spray; Steel; Taping;
& Lead Base Paint Removal &
Abatement with Other Than Basic
Hand Tools
PAINO 3 8 6A 0 5 / 0 1/ 1 9 9 9
2069 . 6.16
21.29 6.16
1919 .
19.79
6.16
6.16
Rates Fringes
ANOKA, CARVER, HENNEPIN, SCOTT & SHERBURNE (South and East of a
line drawn between the town of Santiago in Sherburne County and
the town of Clearwater in Wright County) COUNTIES:
PAINTERS:
COMMERCIAL BUILDING CONSTRUCTION:
Brush; Roller; & Wallpaper Hanger 23.12 7.72
Spray; Steel; Sandblaster; Swing
Stage & Epoxy 23.87 7.72
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RESIDENTIAL CONSTRUCTION:
Eight Units or Less in One Building 23.12 7.72
PAINO386C 05/01/1999
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ANOKA, CARVER, HENNEPIN, SCOTT & SHERBURNE (South & east of a
line drawn between the town of Santiago, Sherburne County and
the town of Clearwater, Wright County) COUNTIES:
PAINTERS:
RESIDENTIAL OF 3 STORIES OR LESS IN HEIGHT:
Drywall Taper/Finisher 18.22
ALL OTHER WORK:
Drywall Taper/Finisher 22.77
Sander 17.08
PAIN0880A 05/01/1999
SIGN PAINTERS
FOOTNOTES:
a 8 Paid Holidays: New Year's Day; Memorial Day;
Independence Day; Labor Day; Thanksgiving Day; the Day After
Thanksgiving; the last working Day Before Christmas; &
Christmas Day
b. Vacation Pay: 3 yrs' service - 2 wks paid vacation; 6 yrs'
service - 3 wks' paid vacation; 15 yrs' service - 4 wks' paid
vacation
PAIN0884B 06/01/1998
Rates Fringes
BENTON, SHERBURNE (Western one-half, North & West of a line drawn
between the city of Santiago in Sherburne County & the city of
Clearwater in Wright County) & STEARNS COUNTIES:
PAINTERS:
Brush & Roller
Drywall Taper & Finisher
Drywall Sander & Sprayer
Sandblaster; Spray; Structural
Steel; Swing Scaffolding; Safety
Belts; Window Jack; Boatsman's
Chair; Abrasive Blasting; &
Steeplejack
PAIN1324A 06/01/1997
GLAZIERS
PLAS02 65A 06/01/1999
Rates Fringes
21.12 2.08-4-a+b
16.76
16.76
12.76
7.85
7.85
7.85
4.90
4.90
4.90
17.51 4.90
Rates Fringes
ANOKA, BENTON, CARLTON, CARVER, DAKOTA, HENNEPIN, ITASCA,
KOOCHICHING, RAMSEY, SCOTT, SHERBURNE, STEARNS & WASHINGTON
COUNTIES:
23.16 6.14
Rates Fringes
ANOKA, CARVER, DAKOTA, HENNEPIN, RAMSEY, SCOTT, SHERBURNE &
WASHINGTON COUNTIES:
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PLASTERERS
* PLAS0633A 05/01/1999
Rates Fringes
ANOKA, CARVER, DAKOTA, HENNEPIN, RAMSEY, SCOTT, SHERBURNE &
WASHINGTON COUNTIES:
CEMENT MASONS (Building &
Residential)
* PLAS0633D 05/01/1999
Rates Fringes
ANOKA, CARVER, DAKOTA, HENNEPIN, RAMSEY, SCOTT, SHERBURNE &
WASHINGTON COUNTIES:
CEMENT MASONS (Site Preparation, Excavation, & Incidental
Paving) 23.29 7.51
* PLAS0633K
CARLTON, COOK,
CEMENT MASONS
Residential)
06/01/1999
24.47
24.09
Rates Fringes
LAKE & ST. LOUIS (South of T 55N) COUNTIES:
(Building &
2059 .
* PLAS0633N 05/01/1999
Rates
ITASCA & ST. LOUIS (North of T 55N) COUNTIES:
CEMENT MASONS:
Commercial Building
Residential
* PLAS0633T 05/01/1999
CEMENT MASONS (Site Preparation,
Excavation & Incidental Paving)
* PLAS0633X 05/01/1999
CEMENT MASONS (Site Preparation,
Excavation & Incidental Paving)
* PLAS6330C 05/01/1999
PLASTERERS
* PLAS6330V 07/01/1999
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17.80
14.45
2014 .
Rates
ITASCA & ST. LOUIS (North of T 55N) COUNTIES:
17.80
Rates
CARLTON, COOK, ITASCA, LAKE & ST. LOUIS COUNTIES:
19.62
6.63
7.51
7.65
Fringes
8.35
8.35
Rates Fringes
CARLTON, COOK, LAKE & ST. LOUIS (South of T. #55 north)
COUNTIES:
9.94
Fringes
8.35
Fringes
7.80
Rates Fringes
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BENTON & KOOCHICHING COUNTIES:
PLASTERERS
17.55 3.65
PLUM0011A 05/01/1999
Rates Fringes
CARLTON, COOK (A strip 20 miles inland along the shores of Lake
Superior), LAKE (A strip 20 miles inland along the shores of
Lake Superior) & ST. LOUIS (South of an east-west line drawn
through Cotton) COUNTIES:
PIPEFITTERS; PLUMBERS; &
STEAMFITTERS
PLUM0015A 05/01/1998
Rates Fringes
ANOKA, BENTON, CARVER, HENNEPIN, SCOTT, SHERBURNE & STEARNS
COUNTIES:
PLUMBERS
FOOTNOTE:
a. 1 Paid Holiday: Labor Day
PLUM0034B 05/01/1998
DAKOTA, RAMSEY & WASHINGTON COUNTIES:
PLUMBERS
FOOTNOTE:
a. 1 Paid Holiday: Labor Day
PLUM0417A 06/01/1998
Rates Fringes
ANOKA, DAKOTA, HENNEPIN, RAMSEY, SCOTT & WASHINGTON COUNTIES:
SPRINKLER FITTERS
FOOTNOTE:
a. 6 Paid Holidays: Memorial Day; July 4th; Friday before
Labor Day; Labor Day; Columbus Day; & Thanksgiving Day
* PLUMO455B 05/01/1999
DAKOTA, RAMSEY & WASHINGTON COUNTIES:
PIPEFITTERS & STEAMFITTERS
* PLUM0539A 05/01/1999
PIPEFITTERS (Commercial Building)
PLUM0539D 05/01/1997
23.25 9.20
24.98 8.01+a
Rates Fringes
25.76 7.93+a
25.27 9.86+a
Rates
26.81
Fringes
8.91
Rates Fringes
ANOKA, CARVER, HENNEPIN, SCOTT & SHERBURNE (East of a line
running North-Easterly from point of Wright Co. lies furthest
North to point of Mille Lacs that is South by West) COUNTIES:
24.75 11.27
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ANOKA, BENTON, CARVER, HENNEPIN, SCOTT, SHERBURNE & STEARNS
COUNTIES:
PIPEFITTERS & STEAMFITTERS
(Residential Construction)
* PLUM0539H 06/01/1999
Rates Fringes
BENTON, SHERBURNE (West of a line running North-Easterly from
point of Wright Co. lies furthest North to point of Mille Lacs
that is South by West) & STEARNS COUNTIES:
PIPEFITTERS (Commercial Building)
* PLUM0589A 06/01/1999
Rates Fringes
COOK (Except a strip 20 miles inland along the shores of Lake
Superior), ITASCA, KOOCHICHING, LAKE (Except a strip 20 miles
inland along the shores of Lake Superior) & ST. LOUIS (North of
an East-West line drawn through Cotton) COUNTIES:
PIPEFITTERS; PLUMBERS; &
STEAMFITTERS
* ROOF0096C 07/05/1999
Rates Fringes
CARLTON, COOK, LAKE & ST. LOUIS (South of Hwy 16, excluding city
of Forbes) COUNTIES:
ROOFERS
ROOF0096E 05/01/1998
Rates Fringes
ANOKA, CARVER, DAKOTA, HENNEPIN, RAMSEY, SCOTT & WASHINGTON
COUNTIES:
ROOFERS
FOOTNOTE:
a. 1 Paid Holiday: Labor Day
* ROOF0096M 06/01/1999
BENTON, SHERBURNE & STEARNS COUNTIES:
ROOFERS
ROOFOO96N 05/01/1999
Rates Fringes
ITASCA, KOOCHICHING & ST. LOUIS (Northern two-thirds) COUNTIES:
ROOFERS
SFMN0669A 04/01/1999
1877 269
20.40 11.79
22.04 10.43
21.95 6.35
22.69 6.67+a
Rates Fringes
21.00 4.95
17.50 4.80
Rates Fringes
BENTON, CARLTON, CARVER, COOK, ITASCA, KOOCHICHING, LAKE,
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SHERBURNE, ST. LOUIS & STEARNS COUNTIES:
SPRINKLER FITTERS:
Commercial Building 25.26 6.40
Residential 18.945 1.69
SHEE0010B 05/01/1997
Rates Fringes
CARLTON, COOK, LAKE & ST. LOUIS (Southern one-third) COUNTIES:
SHEET METAL WORKERS:
Commercial Building 23.79 6.54
Residential 13.89 2.79
SHEEOOIOC 05/01/1999
Rates Fringes
ITASCA, KOOCHICHING & ST. LOUIS (Northern two-thirds) COUNTIES:
SHEET METAL WORKERS:
Commercial Building 22.19 8.90
Residential 15.09 8.68
SHEE0010D 05/01/1998
Rates Fringes
ANOKA, CARVER, DAKOTA, HENNEPIN, RAMSEY, SCOTT & WASHINGTON
COUNTIES:
SHEET METAL WORKERS:
Commercial Building 24.70 9.11+a
Residential 17.32 4.94+a
FOOTNOTE:
a. 1 Paid Holiday: Labor Day
SHEE0010N 05/01/1998
BENTON, SHERBURNE & STEARNS COUNTIES:
SHEET METAL WORKERS:
Commercial Building
Residential
TEAM0160B 05/01/1999
Rates Fringes
TRUCK DRIVERS (Site Preparation, Excavation & Incidental Paving):
ANOKA, CARVER, COOK, DAKOTA, HENNEPIN, LAKE, RAMSEY, ST. LOUIS,
SCOTT, SHERBURNE & WASHINGTON COUNTIES:
GROUP 1
GROUP 2
GROUP 3
GROUP 4
BENTON, ITASCA (W. of T.H. #6), KOOCHICHING & STEARNS COUNTIES:
GROUP 1
GROUP 2
Rates
21.79
13.28
19.55
19.00
18.90
18.65
16.07
15.56
Fringes
7.74
7.74
5.25
5.25
5.25
5.25
5.25
5.25
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GROUP 3
GROUP 4
CARLTON & ITASCA (E. of T.H. #6) COUNTIES:
GROUP 1
GROUP 2
GROUP 3
GROUP 4
GROUP 1 - Boom; Mechanic; Off-Road, including Articulated Dump
Truck; Tractor Trailer; Truck Driver (Operation of Hand & Power
Operated Winch); & Winches
GROUP 2 - Tri Axles (Including Four Axles)
GROUP 3 - Bituminous Distributor; Bituminous Distributor (One
man operation); Tandem Axles & Single Axles
GROUP 4 - Bituminous Distributor Spray Operator (Rear End
Oiler); Dumpman; Pilot Car; Self-propelled Packer; Slurry
Operator; Tank Truck Tender (Gas, Oil, Road Oil & Water);
Tractor Operator (Wheel type used for any purpose)
THE FOLLOWING CLASSIFICATIONS SHALL COME UNDER THE APPROPRIATE
AXLE RATE WAGE GROUP:
"A" Frame; Dry Batch Hauler; Ready-Mix Concrete; Slurry;
Tank (Gas, Oil, Road Oil & Water)
TEAMO2 2 lA 0 5 / 3 / 19 9 8
Rates Fringes
LANDSCAPE - SOD, TREES, SHRUBS & BLACK DIRT:
Single Axles & Farm Tractors 12.15 4.00
Tandem Axles 12.30 4.00
Truck-Train Combination 12.45 4.00
TEAMO 3 4 6A 05/01/1998
15.41
15.41
18.60
18.05
17.95
17.70
TRUCK DRIVER CLASSIFICATIONS
Rates Fringes
ANOKA, CARLTON, CARVER, COOK, DAKOTA, HENNEPIN, ITASCA (East of
T.H. #6) , LAKE, RAMSEY, ST. LOUIS, SCOTT, SHERBURNE & WASHINGTON
COUNTIES:
TRUCK DRIVERS (Building & Residential Construction:
GROUP 1 - Boom Truck Operator 19.55
GROUP 2 - Ready-Mix; Tractor-Trailer 19.00
GROUP 3 - Mechanic; Fork Lift
Operator; & Tandem or 3 Axles 18.90
GROUP 4 - Farm Tractor; Single or
2 Axles; & Dumps 18.65
TEAM0563A 05/01/1999
Rates
BENTON & STEARNS COUNTIES:
TRUCK DRIVERS (Building & Residential Construction):
Total Construction Projects of
Over $950,000.00 15.59
Total Construction Projects
Under $950,000.00 13.84
TEAM1097A 05/01/1999
5.25
5.25
5.25
5.25
5.25
5.25
4.50
4.50
4.50
4.50
Fringes
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Rates Fringes
ITASCA (W. of T.H. #6) & KOOCHICHING COUNTIES
TRUCK DRIVERS:
Building 17.84
Residential 15.16
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5o5(a) (1) (v)).
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing
WAGE DETERMINATION APPEALS PROCESS
1,) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
on survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. I f the response from this initial
contact is not satisfactory, then the process described in 2e)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, No Wm
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7)o Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
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data, project description, area practice material, etc.) that the
requestor considers relevant to the issue
3.) I f the decision of the Administrator is not favorable, an
interested party may appeal directly to the A.dm±nistrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
25 of 25 8/3199 10:47 AM
TOTAL WORKFORCE
# OF # OF MINORITIES
EMPLOYEES
# OF WOMEN
NUMBER PERCENTAGE M NUMBER PERCENTAGE
IIIIIIIIIIIIIIIIIENIIIIINIIIIIIIIIIIIIIIIIIIIIIEIIIIIIIIIIIIIIIIIIIIIIIIIIIII
IIIIIIIIIIIIIIIIEIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIMIIIMIIIIIIII
Prime Contractor
Sub-Contractor's Totals
NOTICE OF REQUIREMENTS FOR EQUAL
OPPORTUNITY AFFIRMATIVE ACTION REPORT
REFERENCE PROVISION 9-5
INSTRUCTIONS
ATTACHMENT 3
Section K., Provision 9-5, Notice of Requirements for Equal Opportunity Affirmative Action, relates to the aggregate
workforce make-up of both the prime contractor and sub-contractors. The information is to be submitted with your proposal,
If the 'Performance References' is an attachment to this solicitation, complete the information on that form in the space
provided. If the references are not an attachment (pre-qualified contractors) complete the information in the space below,
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.� UNITED STATES
Cali POSTAL SERVICE
DCFXDCO3 (January 1997) FMSWIN 2.1
TABLE OF CONTENTS PAGE
U.S. Postal Service: Offer And Award 1
Part 1- Schedule
Section A -Items And Prices
A.1 Acknowledgment Of Amendments
(Clause OB -199) (August 1988) 2
A.2 Required Bond Amounts
(Clause OB-201) Alternate IV (October 1997) 2
Applicable If Listed In Block 9 Page 1
A.3 Additional Services - Network Analysis System
(Clause FB-269) (June 1989) 2
Applicable If Listed In Block 9 Page 1
A.4 Additional Services- Construction Progress Chart
(Clause FB-270) (June 1996) 2
Section B- Specifications I Statement Of Work
B.1 Statement Of Work t Specifications
(Clause OB -7) (June 1988) 2
B.2 Attachments To Statement Of Work 1 Specifications
(Clause OB-31) (June 1988) 2
B.3 English Language Requirement Of On -Site Superintendent
(Clause OB-38) (June 1988) 2
Section C- Delivery 1 Performance
C.1 Notice Of Delay
(Clause B -15) (January 1997) 2
C.2 Suspensions And Delays
(Clause B -16) (January 1997) 2
C.3 Excusable Delays
(Clause B -19) (January 1997) .... 3
C.4 Notice to Proceed and Commencement, Prosecution and
Completion of Work
(Clause B-34) (January 1997) 3
C.5 Construction Cost Breakdown
(Clause B-40) (January 1997) 3
C.6 Shop Drawings, Coordination Drawings, and Schedules
(Clause B-56) (January 1997) 3
C.7 Record As Built" Drawings
(Clause B -57) (January 1997) 4
C.8 Spare Parts Data
(Clause B-58) (January 1997) 4
C.9 Applicable If Listed In Block 9 Page 1
C.9 Construction Progress Chart
(Clause B -59) (January 1997) 4
C.10 Warranty (Construction)
(Clause B-61) (January 1997) 4
C.11 Samples
(Clause B-62) (January 1997) 5
C.12 Liquidated Damages
(Clause 2 -10) (January 1997) 5
C.13 Working Hours (Construction)
(Clause FB -202) (June 1988) 5
C.14 Superintendence Of Subcontractors (Construction)
(Clause FB -237) (May 1994) 6
C.15 Optional Materials Or Methods (Construction)
(Clause FB-244) (June 1958) 6
C.76 Applicable If Contract Exceeds $100.000
C.16 Exception To Completion And Liquidated Damages Schedules
(Clause FB -245) (June 1988) 6
C.17 Applicable If Listed In lock 9 page 1
C.17 Network Analysis System Update
(Clause FB -246) (June 1988) 6
Section D- Packaging And Marking
D.1 Identification Of Contract Deliverables
(Clause 05 -19) (June 1988) 6
Section E- Inspection And Acceptance
Facilities Department
E.1 Inspection And Acceptance (Construction)
(Clause B -33) (January 1997) 6
E.2 Contracting Officer's Representative (COR)
(Clause OB-21) Alternate IV (July 1997) 7
Section F- Payment And Funding
F.1 Invoices
(Clause B -20) (January 1997) 7
F.2 Payment (Construction)
(Clause B-48) (January 1997) 7
F.3 Equitable Adjustments (Construction)
(Clause FB-271) (August 1988) 8
F.4 Prompt Payment For Construction Contracts
(Clause FB -272) (May 1994) 8
Part 2-Clauses And Attachments
Section G- Special Clauses
G.1 Performance At Occupied Postal Facilities
(Clause B -27) (January 1997) 12
G.2 Differing Site Conditions
(Clause B -32) (January 1997) 12
G.3 Specifications And Drawings
(Clause B -35) (January 1997) 12
G.4 Postal Service Partial Occupancy
(Clause B -36) (January 1997) 13
G.5 Changes (Construction)
(Clause B-37) (January 1997) 13
G.6 Accident Prevention
(Clause B -38) (January 1997) 13
G.7 Indemnification
(Clause B -39) (January 1997) 13
UNITED STATES
Cratill POSTAL SERVICE,.
Facilities Department
G.8 Conditions Affecting The Work
(Clause B-41) (January 1997) 13
G.9 Performance Of Work By Supplier
(Clause B-42) (January 1997) 14
G.10 Superintendence by Supplier
(Clause B-43) (January 1997) 14
G.11 Use of Premises
(Clause B-44) (January 1997) 14
G.12 Other Contracts
(Clause B-45) (January 1997) 14
G.13 Permits And Responsibilities (Construction)
(Clause B-47) (January 1997) 14
G.14 Building Codes, Fees, And Charges
(Clause B-49) (January 1997) 14
G.15 Protection of Existing Vegetation, Structures, Utilities, And
Improvements
(Clause B -50) (January 1997) 14
G.16 Heat
(Clause 8-51) (January 1997) 14
G.17 Debris And Cleanup
(Clause B -52) (January 1997) 14
G.18 Survey Monuments And Bench Marks
(Clause B -53) (January 1997) 15
G.19 Standard References
(Clause B -55) (January 1997) 15
0.20 Materials And Workmanship
(Clause 5-63) (January 1997) 15
G 29 icable If USPS Prs a Is furnished
G.21 Postal Service - Property (Construction)
(Clause FB -234) (June 1988) 15
0.22 Definition Of Terms Used In Contract Documents (Construction)
(Clause FB -235) (June 1988) 16
G.23 Ground Breaking Ceremonies (Construction)
(Clause FB -238) (June 1988) 16
0, 24 amicable If Listed In Block 9 Page 1
G.24 Elevator Work- Qualifications (Construction)
(Clause FB -239) (June 1988) 16
G.25 Site Visits (Construction)
(Clause FB -240) (June 1988) . 17
G.26 Applicable Lf / fisted in Block 9 Page 7
G.26 Fuel Storage Tanks (Construction)
(Clause FB -241) (June 1988) 17
G.27 Applicable If Listed In Block 9 Page 9
G.27 Mechanization (Construction)
(Clause FB -242) (June 1988) 17
G.28 U.S.D.A. Quarantined Areas (Construction)
(Clause FB -243) (June 1988) 17
G.29 Applicable Lf USPS Property Is Furnished
G.29 Postal Service - Fumished Property
(Clause FB -255) Alternate I (September 1995) 17
G.30 Use Of Building Facilities
(Clause FB -259) (June 1994) 18
G.31 Builder's Risk Insurance
(Clause FB -263) (March 1989) 18
G.32 Subcontracts
(Clause FB -312) (December 1995) 18
G.33 Access To Site
(Clause OB-44) (June 1988) 18
G.34 Identification Of Contractor's Vehicles
(Clause OB-45) (June 1988) 18
G.35 Control Of Erosion, Sedimentation, And Pollution
(Clause OB-49) (June 1988) 18
Section H- General Clauses
H.1 Definitions
(Clause B -1) (January 1997) 18
H.2 Assignment Of Claims
(Clause B-8) (January 1997) 18
H.3 Claims And Disputes
(Clause B -9) (January 1997) 19
H.4 Pricing Of Adjustments
(Clause B -10) (January 1997) 19
H.5 Termination For Convenience
(Clause B -11) (January 1997) 19
H.6 Termination For Default
(Clause B -13) (January 1997) 20
H.7 Examination Of Records
(Clause B -14) (January 1997) 21
H.8 Change -Order Accounting
(Clause B -21) (January 1997) 21
H.9 Advertising Of Contract Awards
(Clause B -25) (January 1997) 21
H.10 Order of Precedence
(Clause B -29) (January 1997) 21
H.11 Gratuities Or Gifts
(Clause 1 -5) (January 1997) 21
H.12 Contingent Fees
(Clause 1-6) (January 1997) 21
H.13 Preference for Domestic Construction Materials
(Clause 1 -10) (January 1997) 22
H.14 Prohibition Against Contracting with Former Officers
or PCES Executive
(Clause 1 -11) (January 1997) 22
H.15 Year 2000 Warranty, Commercially Available Items
(Clause 1-12) (January 1997) 22
H.16 Applicable If USPS Furnished Property Is $50,000 Or More
H.16 Postal Service Property -Fixed Price
(Clause 2 -11) (January 1997) 22
DCFXDCO3 (January 1997) FMSWIN 2.1
ii
.� UNITED STATES
POST/1L SERVICE
DCFXDCO3 (January 1997) FMSWIN 2.1
Facilities Department
H.17 Applicable If LISPS Furnished Property Is Less Than $50,000
H.17 Postal Service Property -Short Form
(Clause 2 -12) (January 1997)
H.18 Postal Service Property Furnished "As I
(Clause 2 -14) (January 1997)
H.19 Applicable if Listed In Block Page 1
H.19 Value Engineering Incentive
(Clause 2-22) (January 1997) 24
H.20 Applicable if Listed In Block I Page 1
H.20 Participation of Small, Minority and Women -owned Business
(Clause 3-1) (January 1997) 25
1-I,21 Applicable If Contract Exceeds $1,000,000
H.21 Small, Minority and Women -owned Business
Subcontracting Requirements
(Clause 3-2) (January 1997) 26
H.22 Price Reduction For Defective Cost Or Pricing Data
(Clause 5-1) (January 1997) 27
H.23 Subcontractor Cost Or Pricing Data
(Clause 5-2) (January 1997) 27
H.24 Bankruptcy
(Clause 6-1) (January 1997)
H, 25 Applicable If Contract Exceeds $25,000
H.25 Additional Bond Security
(Clause 7 -2) (January 1997) . 28
14.26 Applicable If Contract Exceeds $25.000
H.26 Deposit Of Assets Instead Of Surety Bonds
(Clause 7 -3) (January 1997) 28
H.27 Insurance
(Clause 7-4) (January 1997) 28
H.28 Federal, State, And Local Taxes
(Clause 7-6) (January 1997) 28
H.29 Authorization And Consent
(Clause 8-2) (January 1997) 29
H.30 Notice And Assistance Regarding Patent And Copyright Infringement
(Clause 8-3) (January 1997) 29
H.31 Patent Indemnity
(Clause 8-4) (January 1997) 29
H.32 Rights in Technical Data
(Clause 8-6) (January 1997) 29
H.33 Rights in Computer Software
(Clause 8-9) (January 1997) 31
H.34 Convict Labor
(Clause 9-1) (January 1997) 33
H.35 Contract Work Hours And Safety Standards Act - Overtime
Compensation
(Clause 9-2) (January 1997) 33
H.36 Davis -Bacon Act
(Clause 9-3) (January 1997) 33
F°1 37 Applicable if Listed In Block 9 Page 1
H.37 Compliance By States With Labor Standards
23 (Clause 9-4) (January 1997)
24
36
H.38 Contract Work Hours And Safety Standards Act- Safety Standards
(Clause 9-5) (January 1997) 36
H.39 Equal Opportunity
(Clause 9-7) (January 1997) 36
H.40 Affirmative Action Compliance Requirements For Construction
(Clause 9-8) (January 1997) 36
H.41 Equal Opportunity Preaward Compliance of Subcontracts
(Clause 9-9) (January 1997) 39
H.42 Affirmative Action for Handicapped Workers
(Clause 9-13) (January 1997)
39
H.43 Affirmative Action For Disabled Veterans And Veterans Of The
Vietnam Era
(Clause 9-14) (January 1997) 39
H.44 Handling Asbestos Insulation
(Clause FB -273) (March 1989) 40
27 Section I -List Of Attachments
List Of Attachments 41
Part 3- Solicitation Provisions
Section J- instructions To Offerors
J.1 Type Of Contract
(Provision 2-6) (January 1997) 42
J 2 Applicable If Listed In Block 9 Page 1
J.2 Preproposal Conference
(Provision 48) (January 1997) 42
J.3 Information On "Equal Products
(Provision OA-1) (June 1988) 42
L4 Applicable If Listed Iv_ Rlork & Page 9
J.4 Submission Of Proposal
(Provision OA -15) (September 1995) 42
J.5 Submission Of Financial Statements
(Provision OA -27) (October 1997)) 42
Section K.Solicitation Notices And Provisions
K1 Submission Of Proposals
(Provision A -2) (January 1997) 42
43
43
43
(Provision A-6) (January 1997) 43
K2 Modification Or Withdrawal Of Proposals
(Provision A -3) (January 1997)
K3 Late Submissions And Modifications Of Proposals
(Provision A-4) (January 1997)
K.4 Acknowledgment Of Solicitation Amendments
(Provision A -5) (January 1997)
K5 Explanation To Prospective Offerors
IQ UNITED STATES
POSTAL SERVICE
K6 Restriction On Disclosure And Use Of Data
(Provision A- (January 1997) 43
K7 Award Without Discussions
(Provision A-9) (January 1997) 43
K8 Postal - Furnished Property Or Services
(Provision A -12) (January 1997) 43
K9 Labor Information
(Provision A -13) (January 1997) 43
K10 Failure To Submit Proposal
(Provision A -14) (January 1997) 43
K i l Protests
(Provision A-15) (January 1997)
K.12 Applicable If Listed In Block 9, Page 1
K12 Telegraphic Proposals
(Provision A -17) (January 1997) 44
K13 Contractor Screening Requirements
(Provision 1.3) (January 1997) 44
K14 Prohibition Against Contracting With Former Officers or
PCES Executives
(Provision 1-6) (January 1997) 44
K15 Brand Name Or Equal
(Provision 2-8) (January 1997) 44
j 71plicable If Contract Exceeds $1,000.000.
%:.16 Notice Of Small, Minority - Owned, And Woman- Owned
Business
(Provision 3-1) (January 1997) 44
K17 Preparation of Proposals (Construction)
(Provision 4-9) (January 1997) 44
K.18 Applicable If Contract Exceeds $25,000
K18 Performance Bond Requirements
(Provision 7 -1) (January 1997) 44
K.,12 Applicable If Contract Exceeds $25,000
K.19 Payment Bond Requirements
(Provision 7 -2) (January 1997) 45
K20 Applicable If Contract Exceeds 25000
K20 Deposit Of Assets Requirements
(Provision 7-4) (January 1997) 45
KC.21 Applicable If Contract Exceeds $101000
K21 Notice Of Requirement For Equal Opportunity Affirmative Action
(Provision 9-5) (January 1997) 45
K.22 Applicable If Listed In Block 9 Pape 1
K.22 Postaward Orientation Conference
(Provision OA -5) Alternate I (March 1989) 45
K23 Access To Postal Buildings
(Provision OA -12) (March 1989) 45
K.24 Notice Of Preaward Survey
(Provision OA-34) (June 1994) 45
K.25 Applicable If listed La Block 9 Page 9
K25 Prequalified Sources Or Services Suppliers And Approved Products
(Provision OA -38) (June 1988) 46
Section L- Representations And Certifications
L.1 Type Of Business Organization
DCFXDCO3 (January 1997) FMSWIN 2.1
(Provision A-20) (January 1997) 47
L.2 Parent Company And Taxpayer Identification Number
(Provision A -21) (January 1997) 47
L.3 Authorized Negotiators
(Provision A -22) (January 1997) 48
L.4 Place Of Performance
(Provision A -23) (January 1997) 48
L.5 Certificate Of Independent Price Determination
(Provision 1-1) (January 1997) 48
L.6 Contingent Fee Representation
(Provision 1 -2) (January 1997) 48
L.7 Buy American Certificate - Construction Materials
43 (Provision 1-5) (January 1997) 48
iv
Facilities Department
L.8 Representation Of Rights In Data
(Provision 8-2) (January 1997) 49
L.9 Certification Of Nonsegregated Facilities
(Provision 9-2) (January 1997) 49
Section IV-Evaluation And Award Factors
Below Applicable If listed Block 9 Pe 1
M.1 Contract Award And Proposal Evaluation
(Provision OA-16) (January 1997) 50
M.2 Contract Award
(Provision A-8) (January 1997) 50
UNITED STATES
POSTAL SERVICE,
Offer and Award
Fixed Price Construction
Facility STI LLWATER, MN - CARRIER ANNEX
1. Contract Number
5. a. issued by
KC FACILITIES SERVICE OFC
6800 W 64TH ST STE 100
OVERLAND PARK KS 66202-4179
6. a. Offeror/Contractor
Project New Construction Owned
2. Solicitation Number
193045-99-A-0046
3. Project #
Y73259
4. Socia/Economic
5. b. For information call aVo Collect Calls)
VICKIE FORD
(913) -261 -2408
Fax: (913) - 2612510
b. Contact Name:
c. Telephone Number:
Fax Number
d. TIN:
0. Parent TIN:
TIN in Taxpayer Identification Number
f. Remittance Name and/or Address: (if different from above)
T. Delivery/Performance Requirements
See Section C
8. Items 8 Prices/General Description of Requirement
"SEE NOTES . TO OFFERORS"
BASE PRICE S
Performance Time in Calendar Days:
IN WORDS
Provide Unit Prices as described in Specification Section 01270:
Unit Price No 1(Excavated Earth): $ per Cubic Yard
Unit Price No 2(Compacted Earth): $ _ per Cubic `'Surd
320
9. Optional Provisions/Ciauses listed below are applicable to this contract:
Section C: B-59 Constriction Progress Chart
Section IC: 014-5 Poi taward Conf
10. Billing Instructions (Submit Invoices to) MICHAEL J SCHECH
KC FACILITIES SERVICE OFC
6800 W 64TH ST STE 100
■
11. Contractor Signature:
Date:
12. US Postal Service Signature
Date:
Name of Person Authorized to sign
Name of Contracting Officer
DCCONSI, June 1994 - 20260 -8426, Rev 8.00. FMSWIN 2.0
Page 1
- 2 1 -71 UNITED STATES
POST/AL SERVICE
Part 1-Schedule
Section A -Items And Prices
A.1 Acknowledgment of Amendments
(Clause OB-199) (August 1988)
The offeror acknowledges receipt of amendments to the
numbered and dated as follows:
Amendment Number Dated
solicitation
A.2 Required Bond Amounts
(Clause oB -201) Alternate IV (October 1997)
As a condition of the award of the contract, performance and payment bonds
in the following amounts must be provided:
1. Performance Bond (If contract exceeds $100,000):
100% of Construction Cost
2. Payment Bond (If contract exceeds $25,000):
(a) 50% of the contract price when the contract price is not more than
$1,000,000;
(b) 40 % of the contract price when the contract price is more than
$1,000,000 but not more than $5,000,000; or
(c) $2,500,000 when the contract price is more than $5,000,000.
EI, Q ri ggs if lster In Blo 9 Pa a/
A.3 Additional Services- Network Analysis System
(Clause FB -269) (June 1989)
The Contractor must prepare the Network Analysis System (NAS) described
in Division 1- General Requirements, with update in accordance with Clause
FB -246, for the following:
Initial Cost of NAS
in words
Value of Updates
in words
All of which is included in the value of the contract price.
DCFXDCO3 (January 1997) FMSWIN 2.1
2
Facilities Department
A.4 Applicable If Listed In Block 9. Page 1
A.4 Additional Services- Construction Progress Chart
(Clause FB -27O) (June 1996)
The Contractor must prepare the Construction Progress Chart (CPC)
described in and with update in accordance with Clause B -59, for the
following:
Initial Cost of CPC
in words
Value of Updates
in words
All of which is included in the firm- fixed -price of the contract.
Section B-Specifications I Statement Of Work
B.1 Statement of Work 1 Specifications
(Clause 0B -7) (June 1988)
The contractor must furnish the necessary personnel, material, equipment,
services, and facilities (except as otherwise specified) to perform the
statement of work 1 specifications incorporated by reference in Section I.
B.2 Attachments To Statement Of Work 1 Specifications
(Clause OB-31) (June 1988)
The attachments to the statement of work 1 specifications listed in Section I
are hereby made part of this solicitation and any resultant contract.
Bea English Language Requirement Of On -Site Superintendent
(Clause OB-38) (June 1988)
The Contractors on -site superintendent must be able to speak, read, and
write English to the extent necessary to permit reasonable communication
with Postal Service personnel.
Section C- Delivery / Performance
Cal Notice Of Delay
(Clause 8 -16) (January 1997 )
Immediately upon becoming aware of any difficulties that might delay
deliveries under this contract, the supplier will notify the contracting officer in
writing of them. The notification must identify the difficulties, the reasons for
them, and the estimated period of delay anticipated. Failure to give notice
may preclude later consideration of any request for an extension of contract
time.
C.2 Suspensions And Delays
(Clause B -16) (January 1997)
a. If the performance of all or any part of the work of this contract is
suspended, delayed, or interrupted by:
(1) An order or act of the contracting officer in administering this
contract; or
(2) By a failure of the contracting officer to act within the time
specified in this contract — or within a reasonable time if not
specified - an adjustment will be made for any increase in the
cost of performance of this contract caused by the delay or
interruption (including the costs incurred during any suspension
or interruption). An adjustment will also be made in the delivery or
performance dates and any other contractual term or condition
affected by the suspension, delay, or interruption. However, no
UN/TED STATES
.#7 POST/!L SERVICE
adjustment may be made under this clause for any delay or
interruption to the extent that performance would have been
delayed or interrupted by any other cause, including the fault or
negligence of the supplier, or for which an adjustment is provided
or excluded under any other term or condition of this contract.
b. A claim under this clause will not be allowed:
(
For any costs incurred more than 20 days before the supplier has
notified the contracting officer in writing of the act or failure to act
involved; and
(2) Unless the claim, in an amount stated, is asserted in writing as
soon as practicable after the termination of the delay or
interruption, but not later than the day of final payment under the
contract.
C.3 Excusable Delays
(Clause B -19) (January 1997)
a. Except with respect to defaults of subcontractors, the supplier will not
be in default by reason of any failure in performing this contract in
accordance with its terms (including any failure by the supplier to make
progress in the prosecution of the work that endangers performance) if
the failure arises out of causes beyond the control and without the fault
or negligence of the supplier. Such causes may include, but are not
restricted to, acts of God or of the public enemy, acts of the
government in its sovereign capacity or of the Postal Service in its
contractual capacity, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes, and unusually severe weather, but in every
case the failure to perform must be beyond the control and without the
fault or negligence of the supplier.
b. If failure to perform is caused by the failure of a subcontractor to
perform or make progress and arises out of causes beyond the control
of both the supplier and subcontractor, and without the fault or
negligence of either of them, the supplier will not be deemed to be in
default, unless:
(1) The supplies or services to be furnished by the subcontractor are
obtainable from other sources;
(2) The contracting officer orders the supplier in writing to procure
the supplies or services from other sources; and
(3) The supplier faits to comply reasonably with the order.
c. Upon request of the supplier, the contracting officer shall ascertain the
facts and extent of failure, and if the contracting officer determines that
any failure to perform was occasioned by any of the said causes, the
delivery schedule shall be revised accordingly, subject to the rights of
the Postal Service under any termination clause included in this
contract.
As used in this clause, the terms "subcontractor and "subcontractors"
mean subcontractor(s) at any tier.
DCFXDCO3 (January 1997) FMSWIN 2.1
3
Facilities Department
C.4 Notice to Proceed and Commencement, Prosecution and
Completion of Work (Clause 8-34) (January 1997)
No work will be performed except pursuant to a Notice to Proceed issued by
the Contracting Officer.
The supplier will be required to (a) commence work under this contract
within 10 calendar days after the date the supplier receives the Notice to
Proceed, (b) prosecute the work diligently, and (c) complete the entire work,
ready for use not later than 320 calendar days from the date of receipt of the
Notice to Proceed. The time stated for completion includes final cleanup of
the premises.
C.6 Construction Cost Breakdown
(Clause B-40) (January 1997)
a. Cost breakdown with proposal:
If required by the contracting officer, the offeror must submit with its
proposal a construction cost estimated breakdown on the attached
form.
. Cost breakdown after award:
If required by the contracting officer, the supplier must submit, within
30 calendar days after receiving the notice to proceed, a construction
cost estimated breakdown on the sample forms, and instructions,
provided in Section 01 040, Division 1, General Requirements.
C.6 Shop Drawings, Coordination Drawings, And Schedules
(Clause BM56) (January 1997)
a. The supplier will submit shop drawings, coordination drawings, and
schedules for approval as required by the specifications or requested
by the contracting officer, as follows:
(1) Shop drawings will include fabrication, erection, and setting
drawings, schedule drawings, manufacturer's scale drawings,
wiring and control diagrams, cuts or entire catalogs, pamphlets,
descriptive literature, and performance and test data.
(2) Drawings and schedules, other than catalogs, pamphlets, and
similar printed material, must be submitted in reproducible form
with two prints made by a process approved by the contracting
officer. Upon approval, the reproducible form will be returned to
the supplier which must furnish the number of additional prints,
not to exceed ten required by the Special Conditions of the
specifications. The supplier must submit shop drawings in
catalog, pamphlet, and similar printed form in a minimum of four
copies plus as many additional copies as the supplier may desire
or need or for use by subcontractors.
b. Before submitting shop drawings on the mechanical and electrical
work, the supplier must obtain the contracting officer's approval of lists
of mechanical and electrical equipment and materials as required by
the specifications.
c. The supplier will check the drawings and schedules and coordinate
them (by means of coordination drawings whenever required) with the
work of all trades involved before submission, indicating approval on
them. Drawings and schedules submitted without evidence of the
supplier's approval may be returned for resubmission.
UNITED STATES
POSTAL SERVICE
(1)
(2)
(
(
(5)
(6)
d. Each shop drawing or coordination drawing must have a blank area of
5 by 5 inches, located adjacent to the title block. The title block must
display:
Number and title of drawing;
Date of drawing or revision;
Name of project building or facility;
Name of supplier and (if appropriate) of subcontractor submitting
drawing;
Clear identity of contents and location on the work; and
Project title and contract number.
e. Unless otherwise provided in this contract, or otherwise directed by the
contracting officer, shop drawings, coordination drawings, and
schedules must be submitted to the contracting officer, with a letter in
triplicate, sufficiently in advance of construction requirements to permit
at least 10 working days for checking and appropriate action.
f. Except as otherwise provided in paragraph g below, approval of
drawings and schedules will be general and may not be construed as:
Permitting any departure from the contract requirements;
Relieving the supplier of responsibility for any errors, including
details, dimensions, and materials; or
Approving departures from full -size details furnished by the
contracting officer,
If drawings or schedules show variations from the contract
requirements because of standard shop practice or for other reasons,
the supplier must describe the variations in the letter of transmittal. If
acceptable, the contracting officer may approve any or all variations
and issue an appropriate change order. If the supplier fails to describe
these variations, it will not be relieved of the responsibility for executing
the work in accordance with the contract, even though the drawings or
schedules have been approved.
C.7 Record "As Built" Drawings
(Clause B -57) (January 1997)
a. The supplier must, during the progress of the work, keep a master set
of prints on the job site, on which is kept a careful and neat record of all
deviations from the contract drawings prepared by the architect®
engineer made during the course of the work.
b. Upon completion of the project, these as built` prints must be certified
as to their correctness by the signature of the supplier and turned over
to the architect - engineer for use in preparing a permanent set of as
built" drawings.
C.8 Spare -Parts Data
(Clause 8-68) (January 1997)
a. The supplier must furnish spare –parts data for each different item of
equipment furnished. The data must include a complete list of parts
and supplies, with current unit prices and sources of supply; a list of
parts and supplies that are either normally furnished at no extra cost
with the purchase of the equipment, or specified to be furnished as part
of the contract; and a list of additional items recommended by the
manufacturer to ensure efficient operation for a period of 180 days at
the particular installation.
b. The foregoing does not relieve the supplier of any responsibilities under
the guarantees specified.
g.
(1)
(2)
(3)
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C.9 Apollcable ff Listed In Block 9, Page 1
C.9 Construction Progress Chart
(Clause B-69 ) (January 1997 )
NOTE: Use For Projects Of Less Than $5 Million Contract Value. Otherwise
Use Clause FB -246 "Network Analysis System Update ".
a. Within 30 days after receiving notice to proceed, the supplier must
prepare and submit to the contracting officer for approval six copies of
a practical progress chart. The chart must show the principal
categories of work, corresponding with those used in the breakdown on
which progress payments are based, the order in which the supplier
proposes to carry on the work, the date on which it will start each
category of work, and the contemplated dates for completion. The chart
must be in suitable scale to indicate graphically the total percentage of
work scheduled to be in place at any time. At the end of each progress
payment period, or at such intervals as directed by the contracting
officer, the supplier must:
(1) Adjust the chart to reflect any changes in the contract work
completion time, or both, as approved by the contracting officer;
(2) Enter on the chart the total percentage of work actually in place;
and
( Submit three copies of the adjusted chart to the contracting
officer.
b. If in the opinion of the contracting officer the work actually in place falls
behind that scheduled, the supplier must take such action as
necessary to improve progress. The contracting officer may require the
supplier to submit a revised chart demonstrating its program and
proposed plan to make up lag in scheduled progress and to ensure
completion of work within the contract time. If the contracting officer
finds the proposed plan unacceptable, the supplier may be required to
submit a new plan. if a satisfactory plan is not agreed upon, the
contracting officer may require the supplier to increase the work force,
the construction plan and equipment, or the number of work shifts,
without additional cost to the Postal Service.
0. Failure of the supplier to comply with these requirements will be
considered grounds for determination by the contracting officer that the
supplier is failing to prosecute the work with such diligence as will
ensure its completion within the time specified.
C.19 Warranty (Construction)
(Clause B-61 ) (January 1997)
a. Unless otherwise provided in the specifications, the supplier warrants
that all work is in accordance with contract requirements and free from
defective or inferior materials, equipment, and workmanship for one
year after the date of final acceptance under this contract.
b. lf, within the warranty period, the contracting officer finds that
warranted work needs to be repaired or changed because the
materials, equipment, or workmanship were inferior, defective, or not in
accordance with the contract terms, the supplier must promptly and
without additional expense to the Postal Service:
(1) Place in a satisfactory condition all of the warranted work;
r .� UNITED STATES
POSTAL SERVICE
(
(
(3)
(
(5)
DCFXDC 03 (January 1997) FMSWI N 2.1
(2) Satisfactorily correct all damage to equipment, the site, the
building, or its contents that is the result of such unsatisfactory
work; and
Satisfactorily correct any work, materials, or equipment disturbed
in fulfilling the warranty.
c. Should the supplier fail to proceed promptly in accordance with the
warranty, the Postal Service may have the work performed at the
supplier's expense.
d. The supplier must obtain each transferable guarantee or warranty of
equipment, materials, or installation furnished by any manufacturer,
supplier, or installer in the ordinary course of the business or trade.
The supplier must obtain and furnish to the Postal Service all
information required to make any such guarantee or warranty legally
binding and effective, and must submit both the information and the
guarantee or warranty to the Postal Service in sufficient time to permit
the Postal Service to meet any time limit requirements specified in the
guarantee or warranty or, if no time limit is specified, before completion
and acceptance of all work under this contract.
Ce11 Samples
(Clause B-82) (January 1997)
a. After contract award, the supplier must furnish samples required by the
specifications or by the contracting officer, for the contracting officer's
approval. They must be delivered to the contracting officer or to the
architect as specified or as directed. The supplier must prepay all
shipping charges on samples. Materials or equipment for which
samples are required may not be used in the work until the contracting
officer approves in writing.
b. Each sample must be labeled to show:
(1) Name of project building or facility, project title, and contract
number;
Name of supplier and (if appropriate) subcontractor;
Identification of material or equipment, with specification
requirement;
Place of origin; and
Name of producer and brand (if any).
c, Samples of finish materials must have additional markings that will
identify them under the finish schedules.
d. The supplier must mail under separate cover a letter in triplicate
submitting each shipment of samples and containing the information
required in paragraphs b and c above. The supplier must also enclose
a copy of that letter with the shipment and send a copy to the Postal
Service representative on the project. Approval of a sample is only for
the characteristics or use named in the approval and may not be
construed to change or modify any contract requirement. Substitutions
are not permitted unless approved in writing by the contracting officer.
e. Approved samples not destroyed in testing will be sent to the Postal
Service representative at the project. Approved samples of hardware in
good condition will be marked for identification and may be used in the
work. Materials and equipment incorporated in the work must match
the approved samples. Samples not destroyed in testing and not
approved will be returned at the supplier's expense if the supplier so
requests at the time of submission.
f. Failure of any material to pass the specified tests will be sufficient
cause for refusal to consider, under this contract, any further samples
5
Facilities Department
of the same brand or make of that material. The Postal Service
reserves the right to disapprove any material or equipment that has
previously proved unsatisfactory in service.
Samples of materials or equipment delivered on the site or in place may
be taken by the Postal Service representative for testing. Failure of a
sample to meet contract requirements will automatically void previous
approvals of the item tested. The supplier must replace materials or
equipment found not to have met contract requirements, or there will be
a proper adjustment of the contract price as determined by the
contracting officer.
h. Except as otherwise specified, if tests are called for in the
specifications, the supplier must pay all costs of these tests. When
tests are not specifically called for in the specifications but are required
by the Postal Service, the Postal Service will pay all costs of the tests
and related engineering services unless the tests indicate that the
workmanship or materials used by the supplier are not in conformance
with drawings, specifications, approved shop drawings, or the
approved materials. In this event, the supplier must pay for the tests,
remove all work and material failing to conform, and replace with work
and materials in full conformity. All tests pertaining to physical or
chemical properties of materials must be made in a laboratory
approved by the contracting officer.
C.12 Liquidated Damages
(Clause 2 -10) (January 1997)
a. If the supplier fails to complete the work, deliver the supplies, or
perform the services within the time specified in this contract, or any
extension, the supplier must, in place of actual damages, pay to the
Postal Service $300.00 for liquidated damages as agreed for each
calendar day of delay.
b. Alternatively, if completion, delivery, or performance is delayed beyond
the contract dates, the Postal Service may terminate this contract in
whole or in part under the Termination for Default clause, and the
supplier will be liable for the agreed liquidated damages accruing until
the time the Postal Service may reasonably obtain delivery or
performance of similar facilities, supplies, or services. The liquidated
damages will be in addition to excess costs of reprocurement.
c. The supplier will not be charged with liquidated damages when the
delay in completion, delivery, or performance arises out of causes
beyond the control and without the fault or negligence of the supplier.
C.13 Working Hours (Construction)
(Clause FB -202) (June 1988)
a. It is contemplated that all work will be performed during the customary
working hours of the trades involved unless otherwise specified in this
contract. Work performed by the Contractor at its own volition outside
such customary working hours shall be at no additional expense to the
Postal Service.
b. The Contractor must refer to the Contracting Officer any requests from
occupants of buildings included in the Contractor's work area to
change the hours of work.
UNITED STATES'
A POSTAL ,+�1I V
C.14 Superintendence Of Subcontractors (Construction)
(Clause FB4237) (January 1997)
a. The Contractor is required to furnish the following, in addition to the
superintendence required by Clause B-43 Superintendence By
Supplier.
1. If more than 50% but less than 70% of the value of the contract
work is subcontracted, one Contractor's superintendents (on the
Contractors payroll) must be provided on site to be responsible
for coordinating, directing, inspecting, and expediting the
subcontract work.
2. If 70% or more of the value of the work is subcontracted, two
Contractors superintendent (on the Contractors payroll) must be
provided on site to be responsible for coordinating, directing,
inspecting, and expediting the subcontract work.
b. If the Contracting Officer, at any time after 50% of the subcontracted
work has been completed, finds that satisfactory progress is being
made, he may waive all or part of the requirement stated in
subparagraph (a) above, for additional superintendence subject to the
right of the Contracting Officer to reinstate such requirement if at any
time during the progress of the remaining work he finds that
satisfactory progress is not being made.
C.15 Optional Materials Or Methods (Construction)
(Clause FB -244) (June 1988)
Where the technical provisions permit the Contractor to select optional
materials, items, systems or equipment, the selection of such options is
subject to the following conditions:
a. Once an option has been selected and approved, it must be used for
the entire contract.
b. The Contractor must coordinate its selection with the drawings and
specifications and make all necessary adjustments without additional
cost to the Postal Service.
C.16 Applicable If Contract Exceeds $100,000
C.18 Exception To Completion And Liquidated Damages Schedules
(Clause FB -245) (June 1988)
In cases where the Contracting Officer determines that sodding and 1 or
planting and 1 or specified maintenance thereof is not feasible during the
construction period, such work will be excepted from the completion
schedule and the Clause 2 -10, Liquidated Damages, and must be
accomplished during the first sodding and 1 or planting period and the
specified maintenance period following the completion date.
C.17 Applicable ff Listed In Block 9,120.01
C.17 Network Analysis System Update
(Clause FB -248) (June 1988)
When notice to proceed with changes in the work must be issued prior to
settlement of price and/or time to avoid delay and additional expense, the
Contractor will revise the schedule/network and/or duration time estimates of
all activities affected by the modification on the next succeeding updating
report after the date of notice to proceed. These revisions will be submitted
for concurrence of the contracting office prior to inclusion in the
schedule/network.
a. If the Contractor fails or refuses to submit or include acceptable
revisions within 30 days after the date of notice to proceed, the
Contracting Officer may furnish to the Contractor the suggested logic
and/or duration time revisions to be entered into the schedule/network
and used in all subsequent updating reports until such time that the
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revisions have been settled or until actual dates supersede the portion
of the schedule represented by the revisions.
. In the event the Contracting Officer has furnished the suggested logic
and/or duration time revisions because of the Contractor's failure to
furnish acceptable revisions on time and the Contractor has any
objections to the revisions furnished by the Contracting Officer, the
Contractor shall notify the Contracting Officer in writing of such
objections, fully supported by its own counterplan. If the Contractor
fails to submit in writing its objections to the revisions along with
supporting data and counterplan within 20 days after the date such
suggested revisions have been furnished by the Contracting Officer, it
will be deemed that the Contractor has agreed with the Contracting
Officer's suggested logic /duration time revisions, which revisions then
will be the basis for equitable adjustment of the time of performance of
the work.
c. Inclusion in the network and use of revised logic and/or duration time
estimates for updating, whether furnished by the Contractor or by the
Contracting Officer, will not be construed as extensions of time to the
dates required in the contract. These revisions are for the purpose of
keeping the schedule up to date to reflect the work to be accomplished
and to include the best time estimates for work yet to be done.
Section D- Packaging And Marking
D.1 identification Of Contract Deliverables
(Clause 08 -19) (January 1997)
Unless otherwise specified, the cover page of each document prepared and
submitted by the Contractor to the Postal Service under this contract
must include the following information:
a. Name and business address of the Contractor.
b. Contract number.
0. Name, position, and office location of the Postal Service's Contracting
Officers representative.
d. Date of report.
Section E- Inspection And Acceptance
E.1 Inspection And Acceptance (Construction)
(Clause B43) (January 1997)
a. Except as otherwise provided in this contract, inspection and testing by
the Postal Service of materials and workmanship shall be made at
reasonable times and at the site of the work, unless the contracting
officer determines that it shall be made at the place of production,
manufacture, or shipment of such material. The contracting officer's
decision shall be conclusive as to whether the material involved
conforms to the contract requirements. Such off —site inspection or test
shall not relieve the supplier of responsibility for damage to or loss of
the material prior to acceptance, nor in any way affect the continuing
rights of the Postal Service after acceptance of the completed work
under the terms of paragraph f of this section.
b. The supplier shall without charge, replace any material or correct
any workmanship found by the Postal Service not to conform to the
contract requirements, unless the Postal Service consents to accept
such material or workmanship with an appropriate adjustment in
contract price. The supplier shall promptly segregate and remove
rejected material from the premises.
If the supplier does not promptly replace rejected material or correct
rejected workmanship, the Postal Service may, by contract or
otherwise, replace or correct it and charge the cost to the supplier.
. The supplier must furnish (without charge) all facilities, labor, and
materials needed to conduct inspections and tests as required by the
contracting officer. The supplier will be charged any additional costs of
inspection if material and workmanship are not ready at the time
specified by the supplier for inspection.
The Postal Service may examine completed work by removing or
tearing it out. The supplier must replace or correct any work found not
to conform to contract requirements. If work is tom out and found to
comply with contract requirements, the contracting officer must make
an equitable adjustment for the services provided for the inspection and
replacement of the work.
The Postal Service will inspect the work as soon as practicable after
completion. Acceptance by an authorized Postal Service representative
is conclusive except in the case of latent defects, fraud, gross mistakes
amounting to fraud, or Postal Service rights under any warranty or
guarantee.
E.2 Contracting Officer's Representative (COR)
(Clause OB -21) Alternate IV (July 1997)
A Contracting Officer's representative (COR) may be appointed by the
Contracting Officer. The name, address, telephone number, and specific
responsibilities and limitations of the COR will be provided to the Contractor
in writing by the contract start date. The CDR may be changed at any time
by the Postal Service without prior notice to the Contractor, but notification of
the change, including the name and address of the successor COR, will be
promptly provided to the Contractor by the Contracting Officer in writing.
Section F-Payment And Funding
Fat Invoices
(Clause B -2O) (January 1997)
The supplier's invoices must be submitted before payment can be
made.
UNITED STATES
Cita POSTAIL SERVICE
The supplier agrees that submission of an invoice to the Postal Service
for payment is a certification that:
( Any services being billed for have been performed in accordance
with the contract requirements; and
( Any supplies for which the Postal Service is being billed have
been shipped or delivered in accordance with shipping
instructions issued by the contracting officer in the quantities
shown on the invoice, and that the supplies are in the quantity and
of the quality designated in the contract.
To ensure prompt payment, an invoice must be submitted for each
destination and each shipment. Each invoice must contain:
(1) The supplier's name and address;
(2) The contract number;
(3) Any applicable task or delivery order number;
DCFXDCO3 (January 1997) FMSWIN 2.1
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Facilities Department
(4) A description of the supplies or services and the dates delivered
or performed;
(5) The point of shipment or delivery;
( Any applicable unit prices and extensions;
(7) Shipping and payment terms; and
(8) Any additional information required by the contract.
F.2 Payment (Construction)
(Clause B-48 ) (January 1997)
a. The Postal Service will make progress payments monthly or at more
frequent intervals as determined by the contracting officer. Bond costs
may be included in the supplier's estimates without proration. Before
the first progress payment becomes due, the supplier must prepare a
breakdown of the contract price acceptable to the contracting officer.
Thr. values in the breakdown will be used for determining progress
payments. The supplier's overhead and profit must be prorated through
the life of the contract.
b. If the contract price is more than $50,000, material delivered that will be
incorporated into the structure may be taken into consideration in
computing progress payments. Before each payment is made, the
supplier must furnish to the contracting officer proof of the quantity,
value, and delivery of materials.
0. In making progress payments, the contracting officer will ordinarily
retain ten percent of the progress payments earned. However, if the
contracting officer, at any time after 50 percent of the work has been
completed, finds that satisfactory progress is being made, the
contracting officer may authorize payment in full of all progress
payment earned. Also, if the contracting officer considers the amount
retained to be in excess of that adequate for the protection of the Postal
Service, the contracting officer may release to the supplier all or a
portion of the excess whenever the work is substantially complete. On
completion and acceptance of each separate building, public work, or
other division of the contract, on which the price is stated separately in
the contract, payment may be made without retention.
d. All material and work covered by progress payments will be the sole
property of the Postal Service. However, this paragraph d does not (
relieve the supplier of responsibility for all material and work for which
payment has been made or for restoration of any damaged work or (2)
waive the right of the Postal Service to require fulfillment of all the
contract terms.
e. Before receiving a progress payment or final payment under this
contract, the supplier must certify to the contracting office that payment
due subcontractors or suppliers under contractual arrangements with
them has been made from the proceeds of prior payments or will be
made in timely fashion from the payment then due the supplier.
f. Upon completion and acceptance of all work, the amount due the
supplier under this contract must be paid upon the presentation of a
properly executed invoice, after the supplier has furnished the Postal
Service with a release of all claims against the Postal Service arising by
virtue of this contract, other than claims in stated amounts that must be
specifically excepted by the supplier from the operation of the release.
If the supplier's claim to amounts payable under the contract has been
assigned as provided in the
inr 1 , 1 1 UNITED STATES
LIME POSTAL SERVICE-
Assignment of Claims clause, a release may also be required of the
assignee.
F.3 Equitable Adjustments (Construction)
(Clause FB -271) (August 1988)
The Contractors written statement of the monetary extent of any claim
for equitable adjustment under this contract must be submitted in the
form of a lump sum proposal (unless otherwise requested) with an
itemized breakdown of all increases or decreases in the cost of the
Contractor's and all subcontractors' work, in at least the following
detail:
1. Material quantities and unit cost
2. Labor costs (identified with specific item of material to be placed
or operation to be performed)
3. Construction Equipment
4. Workmen's Compensation and Public Liability insurance
5. Overhead
6. Profit
7. Employment taxes under FICA and FUTA
The overhead, profit and commission percentages included in the
proposal, must not exceed the maximums given at the end of this
paragraph, and will be considered to include, but not be limited to,
insurance other than that mentioned in this "Equitable Adjustments"
clause, bond or bonds, use of small tools, incidental job burdens, and
general office expense. No percentages for overhead, profit or
commission will be allowed on employment taxes under FICA and
FUTA. The percentages for overhead, profit and commission will be
negotiated and may vary according to the nature, extent and complexity
of the work involved. Not more than three percentages, not to exceed
the maximum percentages shown below, will be allowed regardless of
the number of tiers of subcontractors; that is, the markup on work
subcontracted by a subcontractor will be limited to one overhead
percentage and one profit percentage in addition to the prime
Contractor's commission percentage. On proposals covering both
increases and decreases in the amount of the contract, the overhead,
profit, and where applicable, commission, will be computed on the net
change only. On proposals for decreases in the amount of the contract,
the overhead, profit, and where applicable, commission will be added to
the decrease in direct cost.
To Contractor on work
performed by
other than his
own forces
To Contractor and 1 or
the
subcontractors
for that portion
of work
performed with
their respective
forces
DCFXDCO3 (January 1997) FMSWIN 2.1
Overhead
0%
10%
. The Contractor must submit with his proposal his request for time
extension (if any).
Commission
10%
0%
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Facilities Department
In considering a proposal, the Postal Service will make check
estimates in detail, utilizing unit prices where specified or agreed upon,
with a view to arriving at an equitable adjustment.
e. After receipt of a proposal with a detailed breakdown, the Contracting
Officer will act promptly thereon, provided, however, that when the
necessity to proceed with a change does not allow sufficient time to
check a proposal, or in the event of failure to reach agreement on a
proposal, the Postal Service may order the Contractor to proceed on
the basis of price to be determined at the earliest practicable date but
not to be more than the increase or less than the decrease proposed.
f . The Contractor must submit all claims for equitable adjustment under
the "Differing Site Conditions" clause, in accordance with, and subject
to the requirements and limitations set forth in the "Differing Site
Conditions" clause and in this "Equitable Adjustments" clause. All
other claims for equitable adjustment submitted by the Contractor
under this contract will be subject to the requirements and limitations
set forth in this clause.
Upon written request by the Contracting Officer, the Contractor must
submit a proposal, in accordance with the requirements and limitations
set out in paragraphs (a) through (g) of this "Equitable Adjustments"
clause, for work involving contemplated changes covered by the
request, within the time limit indicated in the request or any extension of
such time limit as may be subsequently granted. lf, within a reasonable
time after receipt of such a proposal, the Contracting Officer orders the
Contractor to proceed with the performance of the work contemplated,
the proposal submitted prior to the order will constitute the Contractors
statement of the monetary extent of claim for equitable adjustment.
F.4 Prompt Payment For Construction Contracts
(Clause FB -272) (May 1994)
Notwithstanding any other payment terms in this contract, the Postal Service
will make invoice payments and contract financing payments under the
terms and conditions specified in this clause. Payment shall be considered
as being made on the day the check is dated or an electronic funds transfer
is made. All days referred to in this clause are calendar days, unless
otherwise specified.
a. Invoice payments.
1. For purposes of this clause, there are several types of invoice
payments which may occur under this contract as follows:
(a) Progress payments, If provided for elsewhere in this
contract, based on Contracting Officer approval of the
estimated amount and value of the work or services
performed, including payments for reaching milestones in
any project:
The due date for making payments shall be 14 days
after receipt of the payment request by the designated
billing office, except as may be modified in accordance
with paragraph FB 272 -2 (herein).
( The due date for payments retained by the Contracting
Officer in accordance with clause FB 272-1, Progress
Payments under Fixed -Price Construction Contracts,
shall be 30 days after
mr - :; _',5 UNITED STATES
POSTAL SERVICE
(9)
(i}
DCFXDCO3 (January 1997) FMSWIN 2.1
approval for release to the Contractor by the
Contracting Officer.
(b) Final payments based on the completion and acceptance of
all work and presentation of release of all claims against the
Postal Service arising by virtue of the contract, and
payments for partial deliveries that have been accepted by
the Postal Service (e.g., each separate building, or other
division of the contract for which the price is stated
separately in the contract).
(1) The due date for making such payments shall be either
the thirtieth day after receipt by the designated billing
office of a proper invoice from the Contractor, or the
thirtieth day after Postal Service acceptance of the
work or services completed by the Contractor,
whichever is later.
(2) On a final invoice where the payment amount is subject
to contract settlement options (e.g., release of claims),
acceptance shall be deemed to have occurred on the
effective date of the contract settlement.
2. An invoice is the Contractor's bill or written request for payment
under the contract for work or services performed under the
contract. An invoice shall be prepared and submitted to the
designated billing office. A proper invoice must include the items
listed in subdivisions a.2.(a) through a.2.(i) of this clause. If the
invoice does not comply with these requirements, the Contractor
will be notified of the defect within seven days after the receipt of
the invoice at the designated billing office. Untimely notification
will be taken into account in the computation of any interest
penalty owed the Contractor in the manner described in
paragraph (a.4) of this clause:
(a) Name and address of the Contractor;
(b) Invoice date;
(c) Contract number or other such authorization for work or
services performed (including order number and contract
line item number)
(d) Description of the work or services performed;
(e) Delivery and payment terms (e.g., prompt payment discount
terms);
(f) Name and address of Contractor official to whom payment is
to be sent (must be the same as that in the contract or in a
proper notice of assignment);
Name (where practical), title, telephone number, and mailing
address of the person(s) to be notified in the event of a
defective invoice;
(h) For payment described in subdivision a.1.(a) of this clause,
substantiation of the amounts requested and certification in
accordance with the requirements of clause FS 272-1,
Progress payments Under Fixed -Price Construction
Contracts; and
Any other information or documentation required by the
contract.
3. An interest penalty shall be paid automatically by the designated
payment office, without request from the Contractor, if payment is
not made by the due date and the following conditions are met, if
applicable:
9
(a)
Facilities Department
(a) A proper invoice was received by the designated billing
office;
(b) A receiving report or other Postal Service documentation
authorizing payment was processed and there was no
disagreement over quantity, quality, Contractor compliance
with any contract term or condition, or requested progress
payment amount; and
(c) In the case of a final invoice for any balance of funds due the
Contractor for work or services performed, and the amount
was not subject to further contract settlement actions
between the Postal Service and the Contractor.
4. The interest penalty shall be at the rate established by the
Secretary of the Treasury under Section 12 of the Contracts
Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day
after the due date, except where the interest penalty is prescribed
by other govemmental authority. The interest penalty shall accrue
daily on the invoice payment amount approved by the Postal
Service and be compounded in 30 -day increments inclusive from
the first day after the due date through the payment date. That is,
interest accrued at the end of any 30-day period will be added to
the approved invoice payment amount and be subject to interest
penalties if not paid in the succeeding 30-day period. If the
designated billing office failed to notify the Contractor of a
defective invoice within the period prescribed in subparagraph
(a.2) of this clause, then the due date on the corrected invoice will
be adjusted by subtracting the number of days taken beyond the
prescribed notification of defects period. Any interest penalty
owed the Contractor will be based on this adjusted due date.
Adjustments will be made by the designated payment office for
errors in calculating penalties, if requested by the Contractor.
For the sole purpose of computing an interest penalty that
might be due the Contractor for payments described in
subdivision a.1.(b) of this clause, Postal Service acceptance
or approval shall be deemed to have occurred constructively
on the seventh day after the Contractor has completed the
work or services in accordance with the terms and
conditions of the contract. In the event that actual
acceptance or approval occurs within the constructive
acceptance or approval period, the determination of an
interest penalty shall be based on the actual date of
acceptance or approval. Constructive acceptance or
constructive approval requirements also do not compel
Postal Service officials to accept work or services, approve
Contractor estimates, perform contract administration
functions, or make payment prior to the Contractor fulfilling
responsibilities.
(b) The following periods of time will not be included in the
determination of an interest penalty:
(1) The periods taken to notify the Contractor of defects in
invoices submitted to the Postal Service, but this period
may not exceed seven days; and
(2) The period between the defects notice and
resubmission of the corrected invoice by the
Contractor.
UNITED STATES
POSTAL SERVICE
(c)
Interest penalties will not continue to accrue after the fling of
a claim for such penalties under the Disputes Clause, or for
more than 1 year. Interest penalties of less than $1 need not
be paid.
(d) Interest penalties are not required on payment delays due to
disagreement between the Postal Service and the Contractor
over the payment amount or other issues involving contract
compliance, or on amounts temporarily withheld or retained
in accordance with the terms of the contract. Claims
involving disputes and any interest that may be payable will
be resolved in accordance with the Disputes Clause.
5. An interest penalty shall also be paid automatically by the
designated payment office, without request from the Contractor, if
a discount for prompt payment is taken improperly. The interest
penalty will be calculated on the amount of discount taken for the
period beginning with the first day after the end of the discount
period through the date when the Contractor is paid.
b. Contract Financing Payments. For purposes of this clause, if
applicable, "contract financing payments" means a Postal Service
disbursement of monies to a Contractor under a contract clause or
other authorization prior to acceptance of supplies or services by the
Postal Service, other than progress payments based on estimates of
amount and value of work performed. Contract financing payments
include advance payments and interim payments under cost -type
contracts.
If this contract provides for contract financing, requests for payment
shall be submitted to the designated billing office as specified in this
contract or as directed by the Contracting Officer. Contract financing
payments shall be made by the thirtieth day after receipt of a proper
contract financing request by the designated billing office. In the event
that an audit or other review of a specific financing request is required
to ensure compliance with the terms and conditions of the contract, the
designated payment office is not compelled to make payment by the
date specified. For advance payments, loans or other arrangements
that do not involve recurrent submissions of contract financing
requests, payment shall be made in accordance with the corresponding
contract terms or as directed by the Contracting Officer. Contract
financing payments shall not be assessed an interest penalty for
payment delays.
c. The Contractor shall include in each subcontract for property or
services (including a material supplier) for the purposes of performing
this contract the following:
1. A payment clause which obligates the Contractor to pay the
subcontractor for satisfactory performance under its subcontract
not later than seven days from the receipt of payment out of such
amounts as are paid to the Contractor under this contract;
2. An interest penalty clause which obligates the Contractor to pay
an interest penalty for each payment not made in accordance with
the payment clause:
(a) For the period beginning the day after the required payment
date and ending on the date on which payment of the
amount due is made, and
(b) Computed at the interest rate established by the Secretary of
the Treasury for interest payments under Section 12 of the
Contracts Disputes Act of 1978 (41 U.S.C. 611) in effect at
the time the Contractor accrues the obligation to pay and
interest penalty, and
DCFXDCO3 (January 1997) FMSWIN 2.1 10
Facilities Department
(c) A clause requiring each subcontractor to include a payment
clause and an interest penalty clause in each of its
subcontracts and to require each of its subcontractors to
include such clauses in their subcontracts with each lower -
tier subcontractor or supplier.
The clauses required by paragraph (c) of this clause shall not be
construed to impair the right of Contractor or subcontractor at any tier
to negotiate, and to include in their subcontract provisions which:
1. Permit the Contractor or subcontractor to retain (without cause) a
specified percentage of each progress payment otherwise due to
a subcontractor for satisfactory performance under the
subcontract without incurring any obligation to pay a late payment
interest penalty, in accordance with the terms and conditions
agreed to by the parties to the subcontract, giving such
recognition as the parties deem appropriate to the ability of a
subcontractor to furnish a performance bond and a payment
bond;
2. Permit the Contractor or a subcontractor to make a determination
that part or all of the subcontractors request for payment may be
withheld in accordance with the subcontract agreement; and
3. Permit such withholding without incurring any obligation to pay a
late payment penalty if:
(a)
A notice conforming to the standards of paragraph (g) of this
clause has been previously furnished to the subcontractor,
and
(b) A copy of any notice issued by a Contractor pursuant to
subdivision d.3.(a) of this clause has been furnished to the
Contracting Officer.
e. If a Contractor, after making a request for payment to the Postal
Service, but, before making a payment to a subcontractor for the
subcontractor's performance covered by the payment request,
discovers that all or a portion of the payment otherwise due such
subcontractors is subject to withholding from the subcontractor in
accordance with the subcontract agreement, then the Contractor shall:
1. Furnish the subcontractor a notice conforming to the standards of
paragraph (g) of this clause as soon as practicable upon
ascertaining the cause giving rise to a withholding, but, prior to
the due date for subcontractor payment;
2. Furnish the Contracting Officer, as soon as practicable, a copy of
the notice furnished the subcontractor pursuant to subparagraph
(e.1) of this clause;
3. Reduce the subcontractors progress payment by an amount not
to exceed the amount specified in the notice of withholding
furnished under subparagraph (e.1) of this clause.
4. Pay the subcontractor as soon as practicable after the correction
of the identified subcontract performance deficiency, and
UNITED
-*Fad
POSTAL SERVICE
(a)
Make such payments within:
(1) Seven days after correction of the identified
subcontract performance deficiency unless funds
therefor must be recovered from the Postal Service
because of a reduction under subdivision e.5.(a) of this
clause, or
(2) Seven days after the Contractor recovers such funds
from the Postal Service; or
(b) Incur a late payment interest penalty computed at the
interest rate established by the Secretary of the Treasury for
interest payments under Section 12 of the Contracts
Disputes Act of 1978 (41 U.S.C. 611) in effect at the time
the Contractor accrues the obligation to pay and interest
penalty;
5. Notify the Contracting Officer upon:
(a) Reduction of the amount of any subsequent certified
application for payment; or
(b) Payment to the subcontractor of any withheld amounts of a
progress payment specifying:
(1) The amounts withheld under subparagraph (e.1) of this
clause; and
(2) The dates such withholding began and ended; and
6. Be obligated to pay to the Postal Service an amount equal to
interest on the withheld payments (computed in the manner
provided in 31 U.S.C. 3903 (c) (1)), from the 8th day after receipt
of the withheld amounts from the Postal Service until:
(a) The day the identified subcontractor performance deficiency
is corrected; or
(b) The date that any subsequent payment is reduced under
subdivision e.5.(a) of this clause.
1. If a Contractor, after making payment to a first -tier subcontractor,
receives from a supplier or subcontractor of the first -tier
subcontractor (hereafter referred to as a "second -tier
subcontractor') a written notice in accordance with Section 2 of
the Act of August 24, 1935 (40 U.S.G. 2701b, Miller Act),
asserting a deficiency in such first -tier subcontractor's
performance under the contract for which the Contractor may be
ultimately liable and the Contractor determines that all or a portion
of future payments otherwise due such first -tier subcontractor is
subject to withholding in accordance with the subcontract
agreement, then the Contractor may, without incurring an
obligation to pay an interest penalty under subparagraph (e.6) of
this clause:
(a) Furnish to the first -tier subcontractor a notice conforming to
the standards of paragraph (g) of this clause as soon as
practicable upon making such determination; and
(b) Withhold from the first -tier subcontractor's next available
progress payment or payments an amount not to exceed the
amount specified in the notice of withholding furnished
under subdivision f.1.(a) of this clause.
2. As soon as practicable, but not later than seven days after receipt
of satisfactory written notification that the identified subcontract
performance deficiency has been corrected the contractor shall
CCFXDCO3 (January 1997) FMSWIN 2.1 11
Facilities Department
pay the amount withheld under subdivision f.1.(a) of this
subparagraph to such first -tier subcontractor, or shall incur an
obligation to pay a later payment interest penalty to such first -tier
subcontractor computed at the rate of interest established by the
Secretary of the Treasury for interest payments under section 12
of the Contract Disputes Act of 1978 (41 U.S.C. 611) in effect at
the time the Contractor accrues the obligation to pay an interest
penalty.
A written notice of any withholding shall be issued to a subcontractor
(with a copy to the Contracting Officer of any such notice issued by the
Contractor), specifying:
(a) The amount to be withheld;
(b) The specific cause for the withholding under the terms of the
subcontract; and
(0) The remedial actions to be taken by the subcontractor in order to
receive payment of the amounts withheld.
h. The Contractor may not request payment from the Postal Service of
any amount withheld or retained in accordance with paragraph (d) of
this clause until such time as the Contractor has determined and
certified to the Contracting Officer that the subcontractor is entitled to
the payment of such amount.
i. A dispute between the Contractor and subcontractor relating to the
amount or entitlement of a subcontractor to a payment or a late
payment interest penalty under a clause included in the subcontract
pursuant to paragraph (c) of this clause does not constitute a dispute
to which the Postal Service or United States is a party. The Post
Service or United States may not be interpleaded in any judicial or
administrative proceeding involving such a dispute.
Except as provided in paragraph (1) of this clause, this clause shall not
limit or impair any contractual, administrative or judicial remedies
otherwise available to the Contractor or subcontractor in the event of a
dispute involving late payment or nonpayment by the Contractor or
deficient subcontract performance or nonperformance by a
subcontractor.
k. The Contractor's obligation to pay an interest penalty to a subcontractor
pursuant to the clauses included in a subcontract under paragraph (c)
of this clause shall not be construed to be an obligation of the Postal
Service or United States for such interest penalty. A cost
reimbursement claim may not include any amount for reimbursement of
such interest penalty.
FB -272 -1 Progress Payments Under Fixed -Price Construction Contracts
a. The Contractor shall furnish a breakdown of the total contract price
showing the amount included therein for each principal category of
work, in such detail as requested by the Contracting Officer, to provide
a basis for determining progress payments, or payment shall not be
made.
9•
b. Along with each request for progress payments, the Contractor shall
furnish the following certification, or payment shall not be made:
I hereby certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance
with the specifications, terms, and conditions of the contract;
2. Payments to subcontractors and suppliers have been made from
previous payments received under this contract, and
UNITED STATES
POSTAL SERVICE
timely payments will be made from the proceeds of the payment
covered by this certification, in accordance with subcontract
agreements and the requirements of Chapter 39 of Title 31,
United States Code; and
3. This request for progress payments does not include any
amounts which the prime Contractor intends to withhold or retain
from a subcontractor or supplier in accordance with the terms and
conditions of the subcontract.
(NAME)
(TITLE)
(DATE)
c. If the Contractor, after making a certified request for progress
payments, discovers that a portion, or all of such request constitutes a
payment for performance that fails to conform to the specifications,
terms, and conditions of the contract (hereinafter referred to as the
"unearned amount "), the Contractor shall:
1. Notify the Contracting Officer of such performance deficiency;
and
2. Be obligated to pay the Postal Service an amount computed by
the Contracting Officer in the manner provided in 31 U.S.C. 3903
(c) (1) equal to the interest on the unearned amount from the date
of receipt of the unearned amount until:
(a) The date the Contractor notifies the Contracting Officer that
the performance deficiency has been corrected; or
(b) The date the Contractor reduces the amount of any
subsequent certified request for progress payments by an
amount equal to the unearned amount.
d. In making these progress payments, the Postal Service shall, upon
request, reimburse the Contractor for the amount of premiums paid for
performance and payment bonds (including coinsurance and
reinsurance agreements when applicable) after surety. The retainage
provision in paragraph (e) of this clause shall not apply to that portion
of progress payments attributable to bond premiums.
9 -272 -2 Prompt Payment For Construction Contracts
a. Contracting Officer may modify the date in subdivision a.1.(a) (1) of the
clause to specify a period longer than 14 days if required to afford the
Postal Service a practicable opportunity to inspect the work adequately
and to determine the adequacy of the Contractors performance under
the contract.
b. The Contracting Officer may modify the date in subdivision a.4.(a) of
the clause to specify a period longer than seven days for constructive
acceptance or constructive approval if required to afford the Postal
Service a practicable opportunity to adequately inspect the work and to
determine the adequacy of the Contractor's performance under the
contract.
Part 2-Clauses And Attachments
Section G- Special Clauses
0.1 Performance At Occupied Postal Facilities
(Clause B -27) (January 1997)
a. In performing this contract, the supplier must:
DCFXDCO3 (January 1997) FMSWIN 2.1
12
Facilities Department
( Comply with applicable Occupational Safety and Health
Standards (29 CFR 1910) promulgated pursuant to the authority
of the Occupational Safety and Health Act of 1970;
(2) Comply with any other applicable federal, state, or local
regulations governing work —place safety to the extent they do not
conflict with a.1 above; and
(3) Take all other proper precautions to protect the safety and health
of the supplier's employees, Postal Service employees, and the
public.
b. The supplier must coordinate its use of the premises with the
installation head or other representative designated by the contracting
officer. Subjects of this coordination include the designation of work
and storage areas; the extent, if any, of use by the supplier of Postal
Service tools and equipment; the furnishing by the supplier of
appropriate signs and barricades to exclude unauthorized personnel
from the work areas and to call attention to hazards and dangers; and
other matters relating to the protection of Postal Service employees and
property.
0.2 Differing Site Conditions
(Clause B42) (January 1997)
a. The supplier must promptly, and before such conditions are disturbed,
notify the contracting officer in writing of:
(1) Subsurface or latent physical conditions at the site differing
materially from those indicated in this contract; or
(2) Unknown physical conditions at the site, of an unusual nature,
differing materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided
for in this contract. The contracting officer shall promptly
investigate the conditions, and if such conditions do materially so
differ and will cause an increase or decrease in the supplier's cost
of, or the time required for, performance of any part of the work
under this contract whether or not changed as a result of such
conditions, an equitable adjustment shall be made and the
contract modified in writing accordingly.
c. No claim of the supplier under this clause shall be allowed unless the
supplier has given the notice required in (a) above; provided however,
the time prescribed thereof may be extended by the Postal Service.
d. No claim by the supplier for an equitable adjustment under this clause
will be allowed if asserted after final payment under this contract.
G.3 Specifications And Drawings
(Clause B-35 )(January 1997)
a. The supplier must keep at the site, copies of the drawings and
specifications and must at all times give the contracting officer access
to them. Anything mentioned in the specifications and not shown on
the drawings, or shown on the drawings and not mentioned in the
specifications, is of like effect as if shown or mentioned in both. In
case of discrepancy or conflicts between drawings and specifications,
the specifications will govern.
b. In case of difference between small and large -scale drawings, the
large-scale drawings will govern. Schedules on any contract drawing
will take precedence over conflicting information on that or any other
contract drawing. On any of the drawings in which a portion of the
work is detailed or drawn out and the remainder is
�, UNITED STATES
POST/SL SERVICE
DCFXDCO3 (January 1997) FMSWIN 2.1
shown in outline, the parts detailed or drawn out will apply also to all
other like portions of the work.
• When the word "similar" appears on the drawings, it has a general
meaning and must not be interpreted as meaning identical, and all
details must be worked out in relation to their Location and connection
with other parts of the work.
. In case of discrepancy either in figures, drawings, or specifications,
the matter must be promptly submitted to the contracting officer, who
will promptly make determination in writing. Any adjustment by the
supplier without such a determination will be at the supplier's own risk
and expense. The contracting officer must furnish from time to time
such detailed drawings and other information as may be necessary.
• The supplier must verify all dimensions shown of existing work, and all
dimensions required for work that is to connect with work now in
place, by actual measurement of the existing work. Any discrepancies
between the contract requirements and the existing conditions must
be referred to the contracting officer before the supplier performs any
work affected by these discrepancies.
GA Postal Service Partial Occupancy
(Clause B-36) (January 1997)
The contracting officer reserves the right of partial occupancy or use
of facilities, services, and utilities, before final acceptance, without
implying completion or acceptance of any part of the project by the
Postal Service. Before such occupancy or use, the contracting officer
must furnish the supplier an itemized list of work remaining to be
performed or corrected. Failure to List an item will not relieve the
supplier of the responsibility for complying with the terms of the
contract.
• Costs incurred as a result of such partial occupancy or use of
facilities, services, and utilities are subject to equitable adjustment
under the Changes clause.
G.8 Changes (Construction)
(Clause B-37) (January 1997)
• The contracting officer may at any time, without notice to any sureties,
by written order designated or indicated to be a change order, make
changes in the work within the general scope of the contract, including
changes:
(1) In the specifications (including drawings and designs);
(2) In the method or manner of performance of the work;
(3) In the Postal Service — furnished facilities, equipment, materials,
services, or site; or
(4) Directing acceleration in the performance of the work,
Any other written or oral order (which, as used in this paragraph b,
includes direction, instruction, interpretation, or determination) from the
contracting officer that causes a change will be treated as a change
order only if the supplier gives the contracting officer written notice
stating (1) the date, circumstances, and source of the order and (2)
that the supplier regards the order as a change order. This notification
must be delivered to the contracting officer within 30 days of receipt of
the change order.
if any change under this clause causes an increase or decrease in the
supplier's cost of, or the time required for, the performance of any part
of the work under this contract, whether or not changed by any order,
the contracting officer will make an equitable adjustment and modify
the contract in writing. However, except for claims based on defective
specifications, no claim for any change under paragraph b above will
be allowed for any costs incurred more than 20 days before the
' -":::: �-;....: �-::::. �,:: r�..:.• rl�::. �• r.::. s.::; �.,...;.: �•.=:::.:.' i. i�.. i..; �:..::.: �:^: �rctt�.. �: r:<. r.. n-^ :.? ��- �::. i:. ��::,./ N?,.>-.. ��: ntv:: .::f..�::.v�- .<:'.::::::.�'., -: Sri.: �:.• r✓:-:. r:: ��:,:. � •l.•�::.�.�•::.::t�:l'..t!rr:r
13
supplier gives written notice as required. In the case of defective
specifications for which the Postal Service is responsible, the equitable
adjustment will include any increased cost reasonably incurred by the
supplier in attempting to compty with the defective specifications.
d. No claim by the supplier for an equitable adjustment will be allowed if
asserted after final payment under this contract.
e. See also Clause B-10, Pricing of Adjustments.
G.6 Accident Prevention
(Clause B-38) (January 1997)
a. All construction work on this project must be performed in compliance
with the Occupational Safety and Health Act of 1970 or with local or
state occupational safety and health regulations enforced by an agency
of the locality or state under a plan approved by the U.S. Department of
Labor, Occupational Safety and Health Administration (OSHA).
b. The supplier will maintain an accurate record of exposure data and all
accidents incident to work performed under this contract resulting in
death, traumatic injury, occupational disease, or damage to property,
material, supplies, or equipment. The supplier must report the
exposure data and accidents as prescribed by the contracting officer.
c. Job Safety programs are required as follows:
(1)
Within 30 days after receiving a notice to proceed, the supplier
must submit to the contracting officer, in quintuplicate, a
proposed job safety program designed to provide a system by
which hazards on the project site will be controlled to minimize or
eliminate occupational injuries or illnesses during performance of
the contract.
(2) The proposed job safety program must state that subcontractors
are required to comply with the general supplier's job safety rules
and requirements issued under the authority of that program.
The proposed job safety program must identify, by name, the
supplier's representative responsible for the execution of the job
safety program.
Gal Indemnification
(Clause B49) (January 1997)
The supplier must save harmless and indemnify the Postal Service and its
officers, agents, representatives, and employees from all claims, losses,
damage, actions, causes of action, expenses, and/or liability resulting from,
brought for, or on account of any personal injury or property damage
received or sustained by any person, persons or property growing out of,
occurring, or attributable to any work performed under or related to this
contract, resulting in whole or in part from negligent acts or omissions of the
supplier, any subcontractor, or any employee, agent, or representative of the
supplier or any subcontractor.
G.8 Conditions Affecting The Work
(Clause B.41 ) (January 1997)
The supplier is responsible for having taken steps reasonably necessary to
ascertain the nature and location of the work, and the general and local
conditions that can affect the work or its costs. Any failure by the
(3)
Facilities Department
supplier to have done so does not relieve the supplier from responsibility for
successfully performing the work without additional expense to the Postal
Service. The Postal Service assumes no responsibility for any
understanding or representations concerning conditions made by any of its
officers or agents before execution of this contract, unless such
understanding or representations by the Postal Service are expressly stated
in the contract.
G.9 Performance Of Work By Supplier
(Clause B42 ) (January 1997)
The supplier must perform on the site, with its own organization, work
equivalent to at least 12.00% of the total amount of work to be performed
under this contract. The percentage of work required to be performed by the
supplier may be reduced with written approval of the contracting officer.
ir.:: _ - "!, 1 1 UNITED STATES
POST/!L SERVICE
3.10 Superintendence by Supplier
(Clause B-43) (January 1997)
The supplier must give personal superintendence to the work or have a
competent foreman or superintendent, satisfactory to the contracting officer,
on the work at all times during progress, with authority to act for the supplier.
G.11 Use Of Premises
(Clause B44 )(January 1997)
a. If the premises are occupied, the supplier, any subcontractors, and
their employees must comply with the regulations governing access to,
operation of, and conduct while on the premises and must perform the
work required under this contract so as not to unreasonably interfere
with the conduct of Postal Service business or use and occupancy by
Postal Service tenants.
b. Any requests received by the supplier from occupants to change the
sequence of work must be referred to the contracting officer for
determination.
c. The supplier, any subcontractors, and their employees will not have
access to any building outside the scope of this contract, without
permission of the contracting officer.
G.12 Other Contracts
(Clause B-45) (January 1997)
The Postal Service may award other contracts for additional work, and the
supplier must cooperate fully with the other suppliers and Postal Service
employees and carefully fit in its own work as may be directed by the
contracting officer. The supplier must not commit or permit any act that will
interfere with the performance of work by any other supplier or by Postal
Service employees.
G.13 Permits And Responsibilities (Construction)
(Clause B-47 ) (January 1997)
The supplier is responsible, without additional expense to the Postal Service,
for obtaining any necessary licenses and permits, and for complying with
any applicable federal, state, and municipal laws, codes, and regulations in
connection with the prosecution of the work. The supplier is responsible for
all damage to persons or property that occurs as a result of its negligence.
The supplier must take proper safety and health precautions to protect the
work, the workers, the public, and the property of others. The supplier is
responsible also for all materials delivered and work performed until
completion and acceptance of the entire construction work, except for any
completed unit of construction that may have been accepted.
DCFXDCO3 (January 1997) FMSWIN 2.1
14
Facilities Department
G.14 Building Codes, Fees, And Charges
(Clause B-49) (January 1997)
a. State and local building codes and 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 — leased properties.
In compliance with Postal Service policy, the supplier must comply with
all state and local building code requirements unless otherwise
specifically provided.
b. The supplier must pay all fees and charges for connections to outside
services and for use of property outside the site.
G.15 Protection Of Existing Vegetation, Structures, Utilities, And
Improvements
(Clause B-50 ) (January 1997)
a. The supplier will preserve and protect all existing vegetation (such as
trees, shrubs, and grass) and structures on or adjacent to the site of
work that are not to be removed and that do not unreasonably interfere
with the construction work. Care will be taken in removing trees
authorized by the contracting officer for removal, to avoid damage to
vegetation that will remain in place.
Any limbs or branches of trees broken during such operations or by the
careless operation of equipment, or by workmen, will be trimmed with a
clean cut and painted with an approved tree pruning compound as
directed by the contracting officer.
b. The supplier will protect from damage all existing improvements or
utilities at or near the site of the work, the location of which is or should
have been known, and will repair or restore any damage to these
facilities resulting from failure to comply with the requirements of this
contract or to exercise reasonable care in performing the work. if the
supplier fails or refuses to repair any such damage promptly, the
contracting officer may have the necessary work performed and charge
the cost to the supplier.
G.16 Heat
(Clause B .51) (January 1997)
Unless otherwise specified, or unless directed otherwise by the contracting
officer, the supplier must:
a. Provide heat as necessary to protect all work materials and equipment
against injury form dampness and cold;
b. Protect, cover, and/or heat, as may be necessary to produce and
maintain a temperature of not less than 50 degrees Fahrenheit in the
concrete during the placing, setting, and curing of concrete, and in the
plaster during the application, setting, and curing of plaster; and
c. Provide heat as necessary to produce in the area where the work is to
be done a temperature of not less than 70 degrees Fahrenheit for the
period beginning 10 days before the placing of interior finishes and
finish materials and continuing until completion of beneficial occupancy
of the area.
G.17 Debris And Cleanup
(Clause B-52) (January 1997)
a. The supplier must, during the progress of the work, remove and
dispose of the resultant dirt and debris and keep the premises clean.
UNIT�DST/�TES
POST/1t. SERVICE
b. The supplier will, upon completion of the work, rerr all construction
equipment and surplus materials (except materials : equipment that
are to remain Postal Service property as provided by this contract), and
leave the premises in a clean, neat, and orderly condition satisfactory to
the contracting officer.
0.18 Survey Monuments And Bench Marks
(Clause B-63) (January 1997)
a. The Postal Service has established, or will establish, such general
reference points as will enable the supplier to proceed with the work.
The supplier will provide new monuments where shown or specified. If
the supplier finds that any previously established reference points have
been destroyed or displaced, or that none has been established, the
supplier must promptly notify the contracting officer.
b. The supplier must protect and preserve established bench marks and
monuments and make no changes in locations without the written
approval of the contracting officer. Established reference points that
may be lost, covered, destroyed, or disturbed in the course of
performance of the work under this contract, or that require shifting
because of necessary changes in grades or locations, must (subject to
prior approval of the contracting officer) be replaced and accurately
located or relocated (as appropriate) at the supplier's expense, by a
licensed engineer or licensed land surveyor.
c. New monuments will be 6 inches square by 3 feet deep sunless
otherwise specified), of concrete or stone, with a 3 —inch copper or
brass pin, 3/8 -inch in diameter, in the center, and must be set flush
with the ground or pavement in locations indicated on the site plan.
d. Monuments will not be required where lines of buildings are coincident
with property lines.
e. The supplier must verify the figures shown on the survey and site plan
before undertaking any construction work and will be responsible for
the accuracy of the finished work.
f. After completion of construction and before final payment, the supplier
must furnish the Postal Service blueprints (in triplicate) of plans
showing the exact location of construction survey monuments with
reference to true property lines.
G.19 Standard References
(Clause B (January 1997)
a. All publications and other documents (such as manuals, handbooks,
codes, standards, and specifications) cited in this contract for the
purpose of establishing requirements applicable to equipment, materials,
or workmanship are hereby incorporated by reference in the contract as
fully as if printed and bound with the specifications of this contract, in
accordance with the following:
(1)
Wherever reference is made to standard Specifications of the
Public Buildings Service, Interim Federal Specifications, Interim
Amendments to Federal Specifications, interim Federal
Standards, or Interim Amendments to Federal Standards, the
supplier must comply with the requirements set forth in the issue
or edition identified in this contract except as modified or as
otherwise provided in the specifications.
(2) Wherever reference is made to any document other than those
specified in subparagraph a.1 above, the supplier must comply
with the requirements set forth in the edition specified in this
contract or, if not specified, the latest edition or revision, as well
DCFXDCO3 (January 1997) FMSWIN 2.1
15
Facilities Department
as the latest amendment or supplement in effect on the date of
the solicitation except as modified by the specifications of this
contract.
b. Federal Specifications, Federal Standards, and Standard
Specifications of the Public Buildings Service can be obtained from the
Business Service Center at any GSA Regional Office. Inquiries
regarding "Commercial Standards, "Product Standards," and
"Simplified Practice Recommendations" should be addressed to:
OFFICE OF PRODUCT STANDARDS
NATIONAL BUREAU OF STANDARDS
WASHINGTON DC 23234 -0001
Publications of associations referred to in the specifications can be obtained
directly from the associations.
0. Upon request, the supplier must make available at the job site, within a
reasonable time, a copy of any trade manual or standard incorporated
by reference in this contract that governs quality and workmanship.
G.20 Materials And Workmanship
(Clause B -63) (January 1997)
a. Unless otherwise specifically provided, all equipment and materials
incorporated in the work must be new and of the most suitable grade
for the purpose intended. Unless otherwise specifically provided,
reference to any equipment, material, or patented process by brand
name, make, or catalog number establishes a standard of quality only.
The supplier may substitute any equipment, material, or process that
the contracting officer finds to be equal to that named. To obtain
approval to use a different equipment, material, or process, the supplier
must furnish the contracting officer the manufacturer's name, the
model number, and other identifying data and information regarding the
nature and performance of the proposed substitute. If requested by the
contracting officer, samples must be submitted for approval at the
supplier's expense, shipping charges prepaid. Materials or processes
substituted without approval may be rejected.
b. In the event of substitution in accordance with paragraph a above, the
supplier must furnish to the contracting officer for approval the
manufacturer's name, the model number, and any other relevant
information on the performance, capacity, nature, and rating of
equipment or materials proposed for substitution. The supplier must
obtain the contracting officer's approval of the machinery and
mechanical equipment incorporated into the work. The supplier must
submit samples of all materials and equipment as directed by the
contracting officer or as required by the specifications.
d. All work must be performed in a skillful and workmanlike manner. The
contracting officer may, in writing, require the supplier to remove from
the work any employee the contracting officer deems incompetent,
careless, or otherwise objectionable.
G.21 Applicable If USPS Property Is Furnished
G.21 Postal Service- Property (Construction)
(Clause FB -234) (June 1988)
a. Within 45 calendar days' after receipt of Notice to Proceed, the
Contractor must submit to the Contracting Officer a schedule in
quadruplicate verifying quantities, if appropriate, and giving desired
UNITED STATES
Prim POST/SL SERVICE
dates for delivery of items and property furnished by the Postal Service.
Schedule will be subject to written approval of the Contracting Officer.
Approved dates of delivery must be confirmed by the Contractor thirty
calendar days prior to delivery on the established date or the Contractor
will be responsible for suitable storage and protection of items
delivered, including all expenses incidental thereto.
b. The Contractor must receive the Postal Service - Furnished Property, off
load, receipt for, provide additional transportation required, uncrate,
assemble, locate in place and install or connect ready for operation or
use. Assembly must include such parts and loose fittings as are
usually shipped detached. Installation and connection must be in
accordance with the specifications for such work, including fitting to
adjacent work and any additional labor and material required.
c. Postal Service property will be furnished F.O.B. truck at the project site
and the Contractor must accept delivery when made, paying any
demurrage incurred, and unload the property at his own expense. All
such property must be installed or incorporated into the work at the
expense of the Contractor, unless otherwise indicated herein.
d. The Contractor must report to the Contracting Officer, in writing, within
45 working hours after accepting delivery of the Postal Service
property, any shortage in, or damage to materials when delivered. If
actual inspection of the property is not practical in this time limit, it
should be so noted in the report. Failure to make such report will be
interpreted to mean that there were no shortages and all property was
in good condition when delivered. Noticeable minor defects which may
be expected to occur in the ordinary manufacture of materials must be
repaired.
G.22 Definition Of Terms Used In Contract Documents
(Construction)
(Clause FB -235) (June 1988)
This special contract clause supplements PM Clause B -1, Definitions.
a. Wherever in the contract documents the words "Post Office
Department," "Department," "POD," "Post Office," "PO," "US Postal
Service," "LISPS," "Owner," "Government," or words of like import are
used, it must be understood that the "United States Postal Service" is
intended.
b. Wherever in the contract documents "Project Engineer, " "Resident
Engineer, " "Architect - Engineer," "AE," "Architect," "Supervisory
Authority," or other individual or organization is designated, the
functions and authorities of such individual or organization must be
governed by PM Clause B -1, Definitions.
0. Wherever in the contract documents the words " Ameri can Standards
Associates," "ASA," "United States Standards," "USA" or "American
National" are used, it shall be understood that "American National
Standards Institute" is intended.
d. Where throughout the text of Technical Provisions reference is made
to "Contractors," "General Contractor," "Installing Contractor," "other
Contractors," "another Contractor," each Contractor," "subcontractor,"
"site Contractor," "this Contractor," or words of like import are used, it
shall be understood that "Contractor" is intended. Where certain
special Contractors are required to meet certain qualifications, obtain
certain permits, or provide certain services particular to a specific skill
or license, the word "Contractor" prefixed by a specialty designation is
intended to mean the specialty "subcontractor," e.g., fire protection
subcontractor, mechanical or electrical subcontractor. (See PM
Clauses B -1, and B-42 of the Section "General Contract Clauses.")
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e. Where as directed," as required," "ordered," "prescribed," "approved,'
"acceptance," or words of similar nature are used, it must be
understood that such words refer to actions to be taken, in writing, by
the Contracting Officer unless otherwise stated. The words
"necessary," "suitable," "equal," or words of like import must mean
necessary or equal in the opinion of the Contracting Officer.
f . 'Work" must be deemed to consist of all - labor and operations,
transportation, hoisting, materials, tools, equipment, services,
inspections, investigations, coordination and supervision required and 1
or reasonably necessary to produce the construction required by the
contract documents.
"Furnish" means the design, fabrication, purchase and delivery to the job
site or other destination as directed by the Contracting Officer.
h. "Install or Installation" means the act of physically placing, applying,
setting, erecting, anchoring, securing, etc., construction materials,
equipment, furnishings, appliances, and similar items specified and
furnished at the job site. installation of specified items must be
complete in all respects.
1. "Provide" means to furnish and install construction material,
equipment, etc. as defined above.
j. The technical specifications may indicate metric units of measurement
as a supplement to U.S. customary units. When indicated thus: 1" (25
mm), the U.S. customary unit is specific and the metric unit is non-
specific. When not shown with parentheses, the unit is specific. The
metric units correspond to the "International System of Units (SI)" and
generally follow ASTM E 380, "Standard for Metric Practice ".
G.23 Ground Breaking Ceremonies (Construction)
(Clause FB -238) (June 1988)
The Contractor agrees in accordance with current Postal Service policy not
to plan, finance, participate in or in any way to be involved in ground breaking
ceremonies prior to the commencement of or at anytime during the
prosecution for the work within the duration of this contract.
G.24 Applicable If Listed In Block 9 Page T
G.24 Elevator Work - Qualifications (Construction)
(Clause FB -239) (June 1988)
a. The Contractor, or the subcontractor whom the Contractor uses for
performance of the elevator work, must have had at least three years of
successful experience in installing and servicing elevators.
b. In addition, the Contractor or its subcontractor must have installed, on
at least two prior projects, elevators comparable to those required for
this project that have performed satisfactorily under conditions of
normal use for a period of not less than one year. To be considered
comparable, prior installations must have not less than the same
number of elevators operating together in one group as the largest
number in any group specified for this project, except that a group of
four may be considered comparable to a large group specified for this
project.
c. A list of the prior comparable installations by the Contractor or its
subcontractor, together with the names and addresses of the buildings,
the names of the owners or managers, and any other
UNITED ST/.]TES
Eraiii POSTAL SERVICE
pertinent information required must be submitted promptly upon
request of the Postal Service.
. The names, addresses, experience, and statement of work to be
performed by each suocontractor or second -tier subcontractor whom
the Contractor or the principal subcontractor, as the case may be, will
use for performance of minor portions of the installation of elevators
must also be submitted promptly upon request of the Postal Service.
The Postal Service may reject the proposed elevator subcontractor if it
is determined that it has failed to meet the experience requirements, or
if it has been found to have an unsatisfactory record of prior elevator
installations. In the case of rejection, the Contractor must resubmit
another name within ten calendar days for renewed consideration.
G.25 Site Visits (Construction)
(Clause FB -24O) (June 1988)
The Postal Service from time to time during construction may desire to
conduct groups of guests on visits to the site of the work. These tours
will be authorized by the Contracting Officer or his representative. In
such event the Contractor will cooperate by providing access to and
posting signs to give notice of dangerous areas, providing hard hats,
and making such other arrangements for the safety and convenience of
the guests as may be required. If any such visit or the arrangements
therefore cause an increase in the Contractor's cost of, or the time
required for, the performance of any part of the work under this
contract, whether or not changed by any order, an equitable adjustment
shall be made and the contract modified in writing. The Contracting
Officer shall give the Contractor as much advance notice of any such
visits as is practicable, and to the maximum practicable extent shall
schedule any such visits so as not to interfere with the progress of the
work.
. The Contractor's indemnification of the Postal Service contained in
Clause B -39 of the Special Provisions of this contract shall not apply
during any such visits to guests of the Postal Service or to Postal
Service officers, employees, or agents who are engaged in conducting,
guiding, or accompanying any such visits, leaving the Postal Service
and the Contractor responsible for their own acts and omissions
according to applicable law and other clauses of this contract. This
special contract clause does not apply to inspections, investigations, or
official site visits provided for elsewhere in this contract or conducted
for the purpose of aiding in the enforcement of law.
0.26 Applicable if Listed In Block 9. Page 1
G.26 Fuel Storage Tanks (Construction)
(Clause FB -241) (June 1988)
The Contractor must, within thirty (30) calendar days after final testing
and certification of fuel storage tanks, notify the Contracting Officer
that the tanks are ready for filling.
. All fuel for the initial filling will be furnished and installed by the Postal
Service. The cost of replacement of any fuel up to final acceptance of
the facility will be the responsibility of the Contractor.
G.27 Avplicable if Listed In Block 9 P. agie 7
0.27 Mechanization (Construction)
(Clause FB -242) (June 1988)
All terms and conditions of the contract shall also be applicable to
Attachment 1 to Division 17- MECHANIZATION, except that where
differences occur, Provision 17- MECHANIZATION shall govern for
MECHANIZATION only. Technical requirements of Division 17 shall
govern for Division 17 only and shall not supersede technical
requirements of other sections of the Specifications.
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0.28 U.S.D.A. Quarantined Areas (Construction)
(Clause FB -243) (June 1988)
If the work called for by this contract involves activities in counties
quarantined by the Department of Agriculture to prevent the spread of
certain plant pests which may be present in the soil, the Contractor agrees
that all construction equipment and tools to be moved from such counties
shall be thoroughly cleaned of all soil residues at the construction site with
water under pressure. If this contract involves such a quarantined area, the
Contractor agrees to comply with the regulations of the Department of
Agriculture. The Contractor agrees to assure compliance with this obligation
by all subcontractors.
G.29 Applicable If USFS Property Is Furnished
G.29 Postal Service - Furnished Property
(Clause FB-265) Alternate I (Septernber 1995)
a. The Postal Service will provide item(s) of Postal Service property to the
Contractor for use in the performance of this contract. This property is
incorporated by reference in Section I. This property must be used and
maintained by the Contractor in accordance with the Postal Service
Property clause of this contract.
b. If Postal Service - furnished equipment is to be installed and is not on
the worksite, the Postal Service will make separate arrangements to
provide delivery to the site. Any costs for labor associated with loading
and unloading the Postal Service - furnished property will be negotiated.
c. Within 45 calendar days after Notice to Proceed, the Contractor must
submit to the Contracting Officer a list of postal furnished equipment to
be incorporated or installed in the work. The List should be furnished in
a format approved by the Contracting Officer and should include
quantities, as well as required delivery dates. Approved dates of
delivery will be confirmed by the Contractor thirty (30) calendar days
prior to scheduled delivery date.
d. The Contractor must receive the Postal Service - Furnished Property, off
load, receipt for, provide additional transportation required, uncrate,
assemble, locate in place and install or connect ready for operation or
use. Assembly must include such parts and loose fittings as are
usually shipped detached. Installation and connection must be in
accordance with the specifications for such work, including fitting to
adjacent work and any additional labor and material required.
e. Postal Service property will be furnished F.O.B. truck at the project site
and the Contractor must accept delivery when made, paying any
demurrage incurred, and unload the property at his own expense. All
such property must be installed or incorporated into the work at the
expense of the Contractor, unless otherwise indicated herein.
f. The Contractor must report to the Contracting Officer, in writing, within
48 hours after accepting delivery of the Postal Service property, any
shortage in, or damage to materials when delivered. If actual inspection
of the property is not practical in this time limit, it should be so noted in
the report. Failure to make such report will be interpreted to mean that
there were no shortages and all property was in good condition when
delivered. Noticeable minor defects
UNITED STATES
POST/1L SERVICE
which may be expected to occur in the ordinary manufacture o
materials must be repaired.
Any Postal Service Property furnished for this project must be us
and maintained by the Contractor in a manner consistent with g
operating practices.
G.30 Use of Building Facilities
(Clause FB -259) (June 1994)
a, Where available, utility services of the building will be used in this work
When toilet facilities are available on the site, they will be used by
Contractor employees, subject to the regulations of the Postal Service.
No cleaning of tools, including painting equipment/brushes, is
permitted in the toilet facilities.
b. Any temporary use of an existing elevator shall be by prior arrangement
with the building manager of the building and subject to the building
manager's control. The Contractor shall provide and maintain suitable
and adequate protective coverings for the elevator machinery, the
hatchway entrances, and the interior of the elevator during the period of
temporary use. Loads in excess of the rated capacity of the elevator
shall not be permitted. The Postal Service will bear the cost of the
electric current for the operation of the elevator. On completion of the
work, the Contractor shah remove the protective coverings together
with any resultant dirt and debris, and leave the equipment in a
condition equal to the condition it was in at the time the Contractor
commenced using the elevator.
G.31 Builder's Risk Insurance
(Clause FB -263) (March 1989)
The Postal Service does not carry Builders Risk Insurance coverage. The
Contractor, at its own option and expense, may elect to provide this
insurance for its work.
G.32 Subcontracts
(Clause FB -312) (December 1995)
a. Nothing in this contract may be construed to create any contractual
relationship between any subcontractor and the Postal Service. The
divisions or sections of the specifications are not intended to control
the Contractor in dividing the work among subcontractors, or to limit the
work performed by any trade.
b. The Contractor is responsible to the Postal Service for acts and
omissions of its own employees and of subcontractors and their
employees. The Contractor is also responsible for the coordination of
the work of the trades, subcontractors, and suppliers.
c. The Postal Service will not undertake to settle any differences among
the Contractor, subcontractors, or suppliers.
d. The Contractor must take quotations from at least three (3) firms for all
subcontracts or purchases of equipment and materials where the cost
exceeds $50,000. All quotations may be reviewed by the Contracting
Officer prior to award. Copies of all subcontracts and purchase orders,
including all modifications thereto, must be furnished to the Contracting
Officer.
g.
G.33 Access To Site
(Clause OB-44) (June 1988)
The Contractor's access to the site and use of existing roads will be as
directed by the Contracting Officer or a designee.
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G.34 Identification Of Contractor's Vehicles
(Clause OB-45) (June 1988)
After contract award, the Contractor will coordinate with the security officer
for the issuance of vehicle passes for construction and private vehicles.
G.35 Control Of Erosion, Sedimentation, And Pollution
(Clause OB-49) (June 1988)
a. Operations must be scheduled and conducted to minimize erosion of
soils and to prevent silting and muddying of streams, rivers, irrigation
systems, and impoundments (lakes, reservoirs, and the like).
b. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other
harmful materials must not be discharged onto the ground, into or near
rivers, streams, and impoundments, and natural or man -made
channels. Wash water or waste from concrete or aggregate operations
must not be allowed to enter live streams before treatment by filtration,
settling, or other means sufficient to reduce the sediment content to not
more than that of the stream into which it is discharged.
0. Mechanized equipment must not be operated in live streams without
written approval by the Contracting Officer.
Section H- Generat Clauses
H.1 Definitions
(Clause B-1) (January 1997)
As used in this contract, the following terms have the following meanings:
a. Contracting officer. The person executing this contract on behalf of the
Postal Service, and any other officer or employee who is a properly
designated contracting officer; the term includes, except as otherwise
provided in the contract, the authorized representative of a contracting
officer acting within the limits of the authority conferred upon that
person.
b. Subcontracts. Except as otherwise provided in the contract, the term
includes purchase orders under this contract.
H.2 Assignment Of Claims
(Clause B-8) (January 1997)
a. If this contract provides for payments aggregating $1 0,000 or more,
claims for monies due or to become due from the Postal Service under
it may be assigned to a bank, trust company, or other financing
institution, including any federal lending agency, and may thereafter be
further assigned and reassigned to any such institution. Any
assignment or reassignment must cover all amounts payable and must
not be made to more than one party, except that assignment or
reassignment may be made to one party as agent or trustee for two or
more parties participating in financing this contract. No assignment or
reassignment will be recognized as valid and binding upon the Postal
Service unless a written notice of the assignment or reassignment,
together with a true copy of the instrument of assignment, is filed with:
(1) The contracting officer;
( The surety or sureties upon any bond; and
d.
g-
(3) The office, if any, designated to make payment, and the
contracting officer has acknowledged the assignment in writing.
b. Assignment of this contract or any interest in this contract other than in
accordance with the provisions of this clause will be grounds for
termination of the contract for default at the option of the Postal
Service.
H.3 Claims And Disputes
(Clause B-9) (January 1997)
a. This contract is subject to the Contract Disputes Act of 1978
(41 U.S.C. 601 -613) ("the Act").
b. Except as provided in the Act, all disputes arising under or relating to
this contract must be resolved under this clause.
c. "Claim," as used in this clause, means a written demand or written
assertion by one of the contracting parties seeking, as a matter of right,
the payment of money in a sum certain, the adjustment or interpretation
of contract terms, or other relief arising under or relating to this
contract. However, a written demand or written assertion by the
supplier seeking the payment of money exceeding $100,000 is not a
claim under the Act until certified as required by subparagraph d.2
below. A voucher, invoice, or other routine request for payment that is
not in dispute when submitted is not a claim under the Act. The
submission may be converted to a claim under the Act by complying
with the submission and certification requirements of this clause, if it is
disputed either as to liability or amount is not acted upon in a
reasonable time.
(1) A claim by the supplier must be made in writing and submitted to
the contracting officer for a written decision. A claim by the Postal
Service against the supplier is subject to a written decision by the
contracting officer.
(2) For supplier claims exceeding $1 00,000, the supplier must
submit with the claim the following certification:
1 certify that the claim is made in good faith, that the supporting
data are accurate and complete to the best of my knowledge and
belief, that the amount requested accurately reflects the contract
adjustment for which the supplier believes the Postal Service is
liable, and that I am duly authorized to certify the claim on behalf
of the supplier."
The certification may be executed by any person duly authorized
to bind the supplier with respect to the claim.
e. For supplier claims of $100,000 or less, the contracting officer must, if
requested in writing by the supplier, render a decision within 60 days of
the request. For supplier - certified claims over $1 00,000, the
contracting officer must, within 60 days, decide the claim or notify the
supplier of the date by which the decision will be made.
f. The contracting officer's decision is final unless the supplier appeals or
files a suit as provided in the Act.
When a claim is submitted by or against a supplier, the parties by
mutual consent may agree to use an alternative dispute resolution
(ADR) process to assist in resolving the claim. A certification as
described in d(2) of this clause must be provided for any claim,
regardless of dollar amount, before ADR is used.
h. The Postal Service will pay interest in the amount found due and
unpaid from:
(
(1) The date the contracting officer receives the claim (properly
certified, if required); or
(2) The date payment otherwise would be due, if that date is later,
until the date of payment.
i. Simple interest on claims will be paid at a rate determined in
accordance with the Interest clause.
The supplier must proceed diligently with performance of this contract,
pending final resolution of any request for relief, claim, appeal, or action
arising under the contract, and comply with any decision of the
contracting officer.
H.4 Pricing Of Adjustments
(Clause B -10) (January 1997)
When costs are a factor in determining any contract price adjustment under
the Changes clause or any other provision of this contract, chapter 5 of the
USPS Purchasing Manual in effect on the date of this contract will serve as
a guide in negotiating the adjustment.
H.6 Termination For Convenience
(Clause B-11) (January 1997)
a. Performance under this contract may be terminated by the Postal
Service in whole or in part whenever the contracting officer determines
that termination is in the interest of the Postal Service. A termination
may be effected by delivery to the supplier of a notice of termination
specifying the extent of work terminated, and the effective date of the
termination.
b. Upon receipt of a notice of termination, unless otherwise directed by
the contracting officer, the supplier must take the following actions:
j•
Stop work to the extent specified in the notice.
Place no further orders or subcontracts for materials, services, or
facilities except as may be necessary for completion of the
unterminated work.
Terminate all orders and subcontracts to the extent that they
relate to the work terminated.
(4) Assign to the Postal Service, as directed by the contracting
officer, all right, title, and interest of the supplier under the orders
and subcontracts terminated. The Postal Service has the right, in
its discretion, to settle or pay claims arising out of these
terminations.
Settle all outstanding liabilities and claims arising out of the
termination of orders and subcontracts, with the approval or
ratification of the contracting officer. The contracting officer's
decision is final for the purposes of this clause.
Transfer title to the Postal Service and deliver as directed by the
contracting officer:
(a) Work in process, completed work, and other material
produced as a part of or acquired for the work terminated;
and
(b) The completed or partially completed plans, drawings,
information, and other property that, if the contract had been
completed, would have been furnished to the Postal Service.
(7) Use its best efforts to sell as directed by the contracting officer
any property of the types referred to in subparagraph b.6 above,
provided that the supplier may acquire property under the
conditions prescribed and at prices approved by the
(
(
(
(5)
UNITED STATES
eraill POSTAL SERVICE
DCFXDCO3 (January 1997) FMSWIN 2.1
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Facilities Department
contracting officer, and the proceeds of any such transfer will be 1 h.
applied in reduction of any payments to be made by the Postal
Service to the supplier, or be credited to the price or cost of the
work covered by this contract, or be paid in any manner directed
by the contracting officer.
Complete performance of the work not terminated.
Take any action that may be necessary, or that the contracting
officer may direct, for protecting and preserving any property
related to this contract that is in the possession of the supplier
and in which the Postal Service has or may acquire an interest.
At any time, the supplier may submit to the contracting officer a list,
certified as to quantity and quality, of termination inventory not
previously disposed of and may request the Postal Service to remove
inventory items or enter into a storage agreement covering them. Not
later than 15 days after receiving this request, the Postal Service will
accept title to the items and remove them or enter into a storage 1 j•
agreement. The list will be subject to verification by the contracting
officer upon removal of the items or, if the items are stored, within 45
days after submission of the list. After termination, the supplier must
submit to the contracting officer a termination claim in the form and
with the certification prescribed by the contracting officer. The claim
must be submitted promptly, but in no event more than one year after
the effective date of termination, unless an extension in writing is
granted by the contracting officer. However, if the contracting officer
determines that the facts justify such action, any termination claim may
be received and acted upon at any time after the one —year period.
Upon failure of the supplier to submit a termination claim within the
time allowed, the contracting officer may determine, on the basis of the
information available, the amount, if any, due the supplier by reason of
the termination and will pay that amount.
If the supplier and the contracting officer fail to agree on the amount to
be paid to the supplier by reason of the termination, the contracting
officer will determine the amount, if any, due the supplier and pay the
supplier the contract price for completed and accepted supplies or
services not previously paid for (adjusted for any saving of freight and
other charges) and, with respect to all other contract work performed
before the effective date of termination, the total of:
(1) The cost of such work;
(2) The cost of settling and paying claims arising out of the
termination of work under subcontracts; and
(3) A profit on e.1 above, determined by the contracting officer to be
fair and reasonable; but if it appears that the supplier would have
sustained a loss on the entire contract had it been completed, no
profit will be included, and an appropriate adjustment will be made
reducing the amount of the settlement to reflect the indicated rate
of loss.
f. The total sum to be paid to the supplier may not exceed the total
contract price as reduced by the payments made and as further
reduced by the contract price of work not terminated. Except for normal
spoilage, and except to the extent that the Postal Service expressly
assumed the risk of loss, there will be excluded from the amounts
payable to the supplier under paragraph e above, the fair value, as
determined by the contracting officer, of property destroyed, lost,
stolen, or damaged so as to become undeliverable to the Postal
Service, or to a buyer.
Any determination of costs will be governed by the cost principles set
forth in chapter 5 of the USPS Purchasing Manual in effect on the
effective date of termination.
g.
.� UNITED STATES
Erriall POSTAL SERVICE-
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(9)
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I. In arriving at the amount due the supplier, there must be deducted:
(1) All unliquidated advance or other payments to the supplier
applicable to the terminated portion of this contract;
(2) Any claim that the Postal Service may have against the supplier
under this contract; and
(3) The agreed price for or the proceeds of sale of materials,
supplies, or other things kept by the supplier or sold and not
recovered by or credited to the Postal Service.
If the termination is partial, the supplier must file with the contracting
officer a request in writing for an equitable adjustment of the price
specified in the contract relating to the continued portion of the
contract.
The Postal Service may, under the terms and conditions it prescribes,
make partial payments and payments on account in connection with the
terminated portion of this contract whenever the aggregate of these
payments is within the amount to which the supplier is entitled.
Unless otherwise provided in this contract, or by statute, the supplier,
for a period of three years after final settlement, must preserve and
make available to the Postal Service at all reasonable times at the
supplier's office, all books, records, documents, and other evidence
bearing on the costs and expenses of the supplier under this contract
and relating to the work terminated. If the contracting officer approves,
photographs, microphotographs, or other authentic reproductions may
be maintained instead of the originals.
Hag Termination For Default
(Clause B-13) (January 1997)
k.
1.
a.
b.
Facilities Department
The supplier has the right of review under the Claims and Disputes
clause of any determination made by the contracting officer under
paragraph d or e above, except that, if the supplier has failed to submit
its termination claim within the time provided in paragraph d above and
has failed to request an extension of time, there may be no right of
review.
(1) The Postal Service may, subject to paragraphs c and d below, by
written notice of default to the supplier, terminate this contract in
whole or in part if the supplier fails to:
(a) Complete the requirements of this contract within the time
specified in the contract or any extension;
(b) Make progress, so as to endanger performance of this
contract (but see paragraph d below); or
(0) Perform any of the other provisions of this contract (but see
subparagraph a.2 following).
(2) The Postal Service's right to terminate this contract under a.1(b)
and (c) above may be exercised if the supplier does not cure the
failure within ten days (or more if authorized in writing by the
contracting officer) after receipt of the notice from the contracting
officer specifying the failure.
If the Postal Service terminates this contract in whole or in part, it may
acquire similar supplies or services or complete the work, and
g.
UNITED STATES
POSTAL SERVICE
DCFXDCO3 (January 1997) FMSWIN 2.1
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the supplier will be liable to the Postal Service for any excess costs.
However, the supplier must continue the work not terminated.
c. Except for defaults of subcontractors at any tier, the supplier is not
liable for any excess costs if the failure to perform the contract arises
from causes beyond the control and without the fault or negligence of
the supplier.
d. If the failure to perform is caused by the default of a subcontractor at
any tier, and if the cause of the default is beyond the control of both the
supplier and subcontractor, and without the fault or negligence of
either, the supplier is not liable for any excess costs for failure to
perform, unless the subcontractor supplies or services were obtainable
from other sources in sufficient time for the supplier to meet the
required delivery schedule. If this contract is terminated for default, the
Postal Service may require the supplier to transfer title and deliver to
the Postal Service, as directed by the contracting officer, any
completed supplies, partially completed supplies, and materials, parts,
tools, dies, jigs, fixtures, plans, drawings, information, and contract
rights that the supplier has specifically produced or acquired for the
terminated portion of this contract. Upon direction of the contracting
officer, the supplier must also protect and preserve property in its
possession in which the Postal Service has an interest.
f. The Postal Service will pay the contract price for completed items
delivered and accepted. The supplier and contracting officer may agree
on the amount of payment for items delivered and accepted under
paragraph e above for the protection and preservation of the property.
Failure to agree will be a dispute under the Claims and Disputes
clause. The Postal Service may withhold from these amounts any sum
the contracting officer determines to be necessary to protect the Postal
Service against loss because of outstanding claims.
If, after termination, it is determined that the supplier was not in default,
or that the delay was excusable, the rights and obligations of the
parties will be the same as if the termination had been issued for
convenience.
h. The rights and remedies of the Postal Service under this clause are in
addition to any other rights and remedies provided by law or under this
contract.
H.7 Examination Of Records
(Clause B -14) (January 1997)
a. The Postal Service and its authorized representatives will, until three
years after final payment under this contract, or for any shorter period
specified for particular records, have access to and the right to
examine any directly pertinent books, documents, papers, or other
records of the supplier involving transactions related to this contract.
b. The supplier agrees to include in all subcontracts under this contract a
provision to the effect that the Postal Service and its authorized
representatives will, until three years after final payment under the
subcontract, or for any shorter specified period for particular records,
have access to and the right to examine any directly pertinent books,
documents, papers, or other records of the subcontractor involving
transactions related to the subcontract. The term subcontract as used
in this clause excludes:
(1) Purchase orders; and
(2) Subcontracts for public utility services at rates established for
uniform applicability to the general public.
H.8 Change -Order Accounting
(Clause B-21) (January 1997)
21
Facilities Department
The Contracting Officer may require change -order accounting
whenever the estimated cost of a change or series of related changes
exceeds $1 00,000. The Contractor, for each change or series of
related changes, must maintain separate accounts, by job order or
other suitable accounting procedure, of all incurred segregable, direct
costs (less allocable credits) of work, both changed and not changed,
allocable to the change. The Contractor will maintain such accounts
until the parties agree to an equitable adjustment for the changes
ordered by the Contracting Officer or the matter is finally disposed of
in accordance with the Claims and Disputes clause.
H.9 Advertising Of Contract Awards
(Clause B -26) (January 1997)
Except with the contracting officer's prior approval, the supplier agrees not to
refer in its commercial advertising to the fact that it was awarded a Postal
Service contract or to imply in any manner that the Postal Service endorses
its products.
H.10 Order Of Precedence
(Clause B -29) (January 1997)
Any inconsistency in the provisions of a solicitation, a contract awarded
under solicitation, or a contract awarded without the issuance of a written
solicitation will be resolved by giving precedence in the following order:
a. The Schedule.
b. The solicitation provisions and instructions.
c. Special clauses and general clauses.
d. Provisions contained in attachments or incorporated by reference.
H.11 Gratuities Or Gifts
(Clause 1-6) (January 1997)
a. The Postal Service may terminate this contract for defautt if, after
notice and a hearing, the Postal Service Board of Contract Appeals
determines that the supplier or the supplier's agent or other
representative:
(1) Offered or gave a gratuity or gift (as defined in 5 CFR 2635) to an
officer or employee of the Postal Service; and
(2) Intended by the gratuity or gift to obtain a contract or favorable
treatment under a contract.
b. The rights and remedies of the Postal Service provided in this clause
are in addition to any other rights and remedies provided by law or
under this contract.
H.12 Contingent Fees
(Clause 1 6) (January 1997)
a. The supplier warrants that no person or selling agency has been
employed or retained to solicit or obtain this contract for a commission,
percentage, brokerage, or contingent fee, except bona fide employees
or bona fide, established commercial or selling agencies employed by
the supplier for the purpose of obtaining business.
b. For breach or violation of this warranty, the Postal Service has the right
to annul this contract without liability or to deduct from the contract
price or otherwise recover the full amount of the commission,
percentage, brokerage fee, or contingent fee.
r 1 UNITED STATES
Eratir POSTAL SERVICE
H.13 Preference for Domestic Construction Materials
(Clause 1 -10) (January 1997)
a. Preference will be given to domestic construction materials in
accordance with chapter 1, section 7 of the USPS Purchasing Manual.
For the purposes of this clause:
(1l
Components. Those articles, materials, and supplies
incorporated directly into construction materials;
(2) Construction materials. Articles, materials, and supplies
brought to the construction site for incorporation into the
building or work; and
(3) Domestic construction material. This is (a) an
unmanufactured construction material mined or produced in
the United States, or (b) a construction material
manufactured in the United States, if the cost of its
components mined, produced, or manufactured in the
Jnited States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same
class or kind as those determined to be unavailable under
chapter 1, section 7 of the USPS Purchasing Manual will be
treated as domestic.
(4) Foreign construction material. A construction material other
than a domestic construction material.
b. The contractor agrees that only domestic construction material will be
used by the contractor, subcontractors, materialmen, and suppliers in
the performance of this contract, except for foreign construction
materials, if any, listed in this contract.
H.14 Prohibition Against Contracting with Former Officers or PCES
Executives
(Clause 1 -11) (January 1997)
During the performance of this contract, former Postal officers or Postal
Career Executive Service (PCES) executives are prohibited from
employment by the contractor as key personnel, experts or consultants, if
such individuals, within five years after their retirement from the Postal
Service, would be performing substantially the same duties as they
performed during their career with the Postal Service.
H.15 Year 2000 Warranty, Commercially Available Items
(Clause 1.12) (January 1997)
The supplier warrants that each hardware, software, and firmware product
delivered under this contract is able to accurately process data (including,
but not limited to, calculating, comparing and sequencing) from, into and
between the twentieth and twenty-first centuries, including leap year
calculations. If the contract requires that specific listed products must
perform as a system, then the warranty will apply to those listed products as
a system. The duration of this warranty and the remedies available to the
Postal Service for breach of this warranty will be as defined in the terms and
limitations of the supplier's standard commercial warranty. The remedies
available to the Postal Service under this warranty will include repair or
replacement of any listed product whose noncompliance is discovered and
made known to the supplier in writing within 90 days after acceptance.
Nothing in this warranty may be construed to limit any rights or remedies the
Postal Service may otherwise have under this contract with regard to defects
other than Year 2000 compliance.
DCFXDCO3 (January 1997) FMSWIN 2.1
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use.
11.16 A ltcable if LISPS Furnish P is 5O 4q4 Or More
H.16 Postal Service Property -Fixed Price
(Clause 2 -11) (January 1997)
a. Postal Service- Furnished Property
(1) The Postal Service will deliver to the supplier, for use in
connection with and under the terms of this contract, the property
described as Postal Service - furnished property in the Schedule
or specifications, together with any related information the
supplier may request that may reasonably be required for the
intended use of the property (hereinafter referred to as "Postal
Service - furnished property).
(2) The contract delivery or performance dates are based on the
expectation that Postal Service - furnished property suitable for
use (except for property furnished "as is ") will be delivered at the
times stated in the Schedule or, if not so stated, in sufficient time
to enable the supplier to meet these delivery or performance
dates. If Postal Service - fumished property is not delivered by
these times, the contracting officer will, upon timely written
request from the supplier, make a determination of any delay
occasioned the supplier and will equitably adjust the delivery or
performance dates or the contract price, or both, and any other
contractual provision affected by the delay, in accordance with the
Changes clause.
Except for Postal Service - furnished property furnished "as is," if
the Postal Service - furnished property is received in a condition
not suitable for its intended use, the supplier must notify the
contracting officer and (as directed by the contracting officer )
either (a) return it at the expense of the Postal Service or
otherwise dispose of it, or (b) effect repairs or modifications.
Upon the completion of (a) or (b), the contracting officer (upon
written request from the supplier) will equitably adjust the delivery
or performance dates or the contract price, or both, and any other
affected contractual provision, in accordance with the Changes
clause.
(4) The provisions for adjustment in this paragraph a are exclusive,
and the Postal Service is not liable to suit for breach of contract
by reason of any delay in delivery of Postal Service- furnished
property or its delivery in a condition not suitable for its intended
(
Facilities Department
b. Changes in Postal Service -- Fumished Property
(1) By written notice, the contracting officer may (a) decrease the
property provided or to be provided by the Postal Service under
this contract, or (b) substitute other Postal Service-owned
property for the property to be provided by the Postal Service, or
to be acquired by the supplier for the Postal Service under this
contract. The supplier must promptly take any action the
contracting officer may direct regarding the removal and shipping
of the property covered by this notice.
(2) In the event of any decrease in or substitution of property
pursuant to subparagraph b.1 above, or any withdrawal of
authority to use property provided under any other contract or
lease, which property the Postal Service had agreed in the
Schedule to make available for the performance of this contract,
the contracting officer, upon the supplier's written request (or — if
substitution causes a decrease in the cost of performance — on
the contracting officer's own initiative), will
g.
UNITED STATES SERVICE.,
DCFXDCO3 (January 1997) FMSWIN 2.1
equitably adjust any contractual provisions affected by the
decrease, substitution, or withdrawal, in accordance with the
Changes clause.
c. Title. Title to all Postal Service - furnished property remains in the
Postal Service. To define the obligations of the parties under this
clause, title to each item of facilities, special test equipment, or special
tooling (other than that subject to a special- tooling clause) acquired by
the supplier for the Postal Service under this contract will pass to and
vest in the Postal Service when its use in the performance of this
contract begins, or upon payment for It by the Postal Service,
whichever is earlier, whether or not title was previously vested. All
Postal Service -- furnished property, together with all property acquired
by the supplier, title to which vests in the Postal Service under this
paragraph c, is subject to the provisions of this clause and is
hereinafter collectively referred to as "Postal Service property." Title to
Postal Service property is not affected by its incorporation into or
attachment to any property not owned by the Postal Service, nor does
Postal Service property become a fixture or lose its identity as personal
property by being attached to any real property.
d. Use of Postal Service Property. The Postal Service property, unless
otherwise provided in this contract or approved by the contracting
officer, must be used only for performing this contract.
e. Utilization, Maintenance, and Repair of Postal Service Property. The
supplier must maintain and administer, in accordance with sound
industrial practice, a program or system for the utilization,
maintenance, repair, protection, and preservation of Postal Service
property until it is disposed of in accordance with this clause. If any
damage occurs to Postal Service property, the risk of which has been
assumed by the Postal Service under this contract, the Postal Service
will replace the items or the supplier must make such repairs as the
Postal Service directs; provided, however, that if the supplier cannot
effect these repairs within the time required, the supplier will dispose of
the property in the manner directed by the contracting officer. The
contract price includes no compensation to the supplier for performing
any repair or replacement for which the Postal Service is responsible,
and an equitable adjustment will be made in any contractual provisions
affected by such repair or replacement made at the direction of the
Postal Service, in accordance with the Changes clause. Any repair or
replacement for which the supplier is responsible under the provisions
of this contract must be accomplished by the supplier at the supplier's
own expense.
f. Risk of Loss. Unless otherwise provided in this contract, the supplier
assumes the risk of, and becomes responsible for, any loss or damage
to Postal Service property provided under this contract upon its delivery
to the supplier or upon passage of title to the Postal Service as
provided in paragraph c above, except for reasonable wear and tear
and except to the extent that it is consumed in performing this contract.
Access. The Postal Service, and any persons designated by it, must at
reasonable times have access to premises where any Postal Service
property is located, for the purpose of inspecting it.
h. Final Accounting for and Disposition of Postal Service Property. Upon
completion, or at such earlier dates as may be fixed by the contracting
officer, the supplier must submit, in a form acceptable to the
contracting officer, inventory schedules covering all items of Postal
Service property not consumed in performing this contract (including
any resulting scrap) or not previously delivered to the Postal Service,
and will prepare for shipment, deliver f.o.b. origin, or dispose of this
property, as the contracting officer may direct or authorize. The net
proceeds of disposal will be credited to the contract price or will be paid
in such other manner as the contracting officer may direct.
23
Facilities Department
i. Restoration of Supplier's Premises and Abandonment. Unless
otherwise provided in this contract, the Postal Service:
(1)
May abandon any Postal Service property in place, whereupon all
obligations of the Postal Service regarding it will cease; and
(2) Has no obligation with regard to restoration or rehabilitation of the
supplier's premises, either in case of abandonment, disposition
on completion of need or of the contract, or otherwise, except for
restoration or rehabilitation costs properly included in an equitable
adjustment under paragraph b or e above.
Alternate Paragraph c. (see 2.2.7.d.1(a))
c. Title
(1) Title to all Postal Service - furnished property remains in the Postal
Service. To define the obligations of the parties under this clause,
title to each item of facilities, special test equipment, or special
tooling (other than that subject to a special- tooling clause)
acquired by the supplier for the Postal Service under this contract
will pass to and vest in the Postal Service when its use in the
performance of this contract begins, or upon payment for it by the
Postal Service, whichever is earlier, whether or not title was
previously vested.
(2) Title to all material purchased by the supplier for whose cost the
supplier is entitled to be reimbursed as a direct item of cost under
this contract will pass to and vest in the Postal Service upon
delivery of the material to the supplier by the vendor.
Title to other material whose cost is reimbursable to the supplier
under this contract will pass to and vest in the Postal Service
upon:
(a) Its issuance for use in the performance of this contract; or
(b) Reimbursement of its cost by the Postal Service, whichever
occurs first.
(4) All Postal Service furnished property, together with all property
acquired by the supplier, title to which vests in the Postal Service
under this paragraph c, is subject to the provisions of this clause
and is hereinafter collectively referred to as "Postal Service
property." Title to Postal Service property is not affected by its
incorporation into or attachment to any property not owned by the
Postal Service, nor does Postal Service property become a fixture
or lose its identity as personal property by being attached to any
real property.
He T7 A llcable ►f LISPS furnished P ro s Less Than 54 400
H.17 Postal Service Property -Short Form
(Clause 212) (January 1997)
a. The Postal Service will deliver to the supplier, at the time and locations
stated in this contract, the Postal Service property described in the
Schedule or specifications. If that property, suitable for its intended
use is not delivered timely to the supplier, the contracting officer must
equitably adjust affected provisions of this contract in accordance with
the Changes clause when:
(3)
UN/TED STATES
Crag POSTAL SERVICE
(1) The supplier submits a timely written request for an equitable
adjustment; and
(2) The facts warrant an equitable adjustment.
. Title to Postal Service property remains in the Postal Service. The
supplier may use the Postal Service property only in connection with
this contract. The supplier must maintain adequate property control
records in accordance with sound industrial practice and must make
them available for Postal Service inspection at all reasonable times.
Upon delivery of Postal Service property to the supplier, the supplier
assumes the risk and responsibility for its loss or damage, except:
(1) For reasonable wear and tear;
(2) To the extent property is consumed in performing the contract; or
(3) As otherwise provided in the contract.
. Upon completing this contract, the supplier must follow the contracting
officers instructions regarding the disposition of all Postal Service
property not consumed in performing this contract or previously
delivered to the Postal Service. The supplier must prepare for
shipment, deliver f.o.b. origin, or dispose of the Postal Service property,
as directed or authorized by the contracting officer. The net proceeds
of any such disposal will be credited to the contract price or will be paid
to the Postal Service as directed by the contracting officer.
H.18 Postal Service Property Furnished As Is
(Clause 2 -14) (January 1997)
• The Postal Service makes no warranty whatsoever with respect to
Postal Service property furnished "as is except that the property is in
the same condition when placed at the f.o.b. point specified in the
solicitation as when inspected by the supplier pursuant to the
solicitation or (if not inspected by the supplier) as when last available
for inspection under the solicitation.
. The supplier may repair any property made available to the supplier as
is." Repair will be at the suppliers expense except as otherwise
provided in this clause. Such property may be modified at the supplier's
expense, but only with the written permission of the contracting officer.
Any repair or modification of property furnished as is" does not affect
the title of the Postal Service. If there is any change (between the time
inspected or last available for inspection under the solicitation to the
time placed on board at the location specified in the solicitation) in the
condition of Postal Service property furnished "as is that will adversely
affect the supplier, the supplier must, upon receipt of the property,
notify the contracting officer of that fact, and (as directed by the
contracting officer) either (1) return the property at the expense of the
Postal Service or otherwise dispose of it, or (2) effect repairs to return it
to the condition it was in when inspected under the solicitation, or (if not
inspected) as it was when last available for inspection under the
solicitation. Upon completion of (1) and (2) above, the contracting
officer, upon written request from the supplier, will equitably adjust any
contractual provisions affected by the return, disposition, or repair, in
accordance with the Changes clause. The foregoing provisions for
adjustment are exclusive, and the Postal Service is not liable for any
delivery of Postai Service property furnished "as is in a condition other
than that in which it was originally offered.
Except as otherwise provided in this clause, Postal Service property
furnished "as is" is governed by the Postal Service Property clause of
this contract.
1.19 Applicable if Listed In Bloch 9 P, , aae T
H.19 Value Engineering Incentive
DCFXDCO3 (January 1997) FMSWIN 2.1
24
(Clause 2022) (January 1997)
a. General. The supplier is encouraged to develop and submit value
engineering change proposals (VECPs) voluntarily. The supplier will
share in savings realized from an accepted VECP as provided in
paragraph h below.
b. Definitions
(1) Value Engineering Change Proposal (VECP). A proposal that:
(a) Requires a change to the instant contract;
(b) Results in savings to the instant contract; and
(c) Does not involve a change in:
(2) Instant Contract. The contract under which a VECP is submitted.
It does not include additional contract quantities.
Additional Contract Quantity. An increase in quantity after
acceptance of a VECP due to contract modification, exercise of
an option, or additional orders (except orders under indefinite —
delivery contracts within the original maximum quantity
limitations).
(4) Postal Service Costs. Costs to the Postal Service resulting from
developing and implementing a VECP, such as net increases in
the cost of testing, operations, maintenance, logistics support, or
property furnished. Normal administrative costs of processing the
VECP are excluded.
Instant Contract Savings. The estimated cost of performing the
instant contract without implementing a VECP minus the sum of
(a) the estimated cost of performance after implementing the
VECP and (b) Postal Service costs.
(6) Additional Contract Savings. The estimated cost of performance
or delivering additional quantities without the implementation of a
VECP minus the sum of (a) the estimated cost of performance
after the VECP is implemented and (b) Postal Service cost.
(7) Supplier's Development and Implementation Costs. Supplier's
cost in developing, testing, preparing, and submitting a VECP.
Also included are the supplier's cost to make the contractual
changes resulting from the Postal Service acceptance of the
VECP.
(3)
(5)
Facilities Department
(i) Deliverable end items only;
(ii) Test quantities due solely to results of previous testing
under the instant contract; or
(iii) Contract type only.
0. Content. A VECP must include the following:
(1) A description of the difference between the existing contract
requirement and that proposed, the comparative advantages and
disadvantages of each, a justification when an item's function or
characteristics are being altered, the effect of the change on the
end item's performance, and any pertinent objective test data.
. UNITED STATES
PO SERVICE,
(2) A list and analysis of the contract requirements that must be
changed if the VECP is accepted, including any suggested
specification revisions.
A separate, detailed cost estimate for (a) the affected portions of
the existing contract requirement and (b) the VECP. The cost
reduction associated with the VECP must take into account the
supplier's allowable development and implementation costs.
(4) A description and estimate of costs the Postal Service may incur
in implementing the VECP, such as test and evaluation and
operating and support costs.
(5) A prediction of any effects the proposed change would have on
Postal Service costs.
(6) A statement of the time by which a contract modification
accepting the VECP must be issued in order to achieve the
maximum cost reduction, noting any effect on the contract
completion time or delivery schedule.
(7) Identification of any previous submissions of the VECP to the
Postal Service, including the dates submitted, purchasing offices,
contract numbers, and actions taken.
d. Submission. The supplier must submit VECPs to the contracting
officer.
(3)
e. Postal Service Action
The contracting officer will give the supplier written notification of
action taken on a VECP within 60 days after receipt. If additional
time is needed, the contracting officer will notify the supplier,
within the 60-day period, of the expected date of a decision. The
Postal Service will process VECPs expeditiously but will not be
liable for any delay in acting upon a VECP.
(2) If a VECP is not accepted, the contracting officer will so notify the
supplier, explaining the reasons for rejection.
f. Withdrawal. The supplier may withdraw a VECP, in whole or in part, at
any time before its acceptance.
g. Acceptance
(1)
(1)
Acceptance of a VECP, in whole or in part, will be by execution of
a supplemental agreement modifying this contract and citing this
clause. If agreement on price (see paragraph h below) is reserved
for a later supplemental agreement, and if such agreement cannot
be reached, the disagreement is subject to the Claims and
Disputes clause of this contract.
(2) Until a VECP is accepted by contract modification, the supplier
must perform in accordance with the existing contract.
The contracting officer's decision to accept or reject all or any part
of a VECP is final and not subject to the Claims and Disputes
clause or otherwise subject to litigation under the Contract
Disputes Act of 1978 (41 U.S.C. 601 -613).
h. Sharing. If a VECP is accepted, the supplier will share in the contract
savings as follows:
(1) Instant Contract Savings. The supplier and the Postal Service will
share equally in instant contract savings. Sharing will be
accomplished by a modification reducing the contract price by an
amount equal to 50 percent of the instant contract savings minus
the supplier's allowable VECP development and implementation
costs.
(
DCFXDCO3 (January 1997) FMSWIN 2.1
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j•
i.
(3)
Data
(1)
facilities Department
(2) Additional Contract Savings. Unless this Is a construction
contract, the supplier will receive 25 percent of additional contract
savings. Sharing will be accomplished by negotiating a price for
the additional contract quantity that reflects a reduction in price by
75 percent of additional contract savings.
Construction Contracts. If this is a construction contract, only
instant contract savings will be shared. Sharing will be
accomplished in accordance with subparagraph h.1 above.
The supplier may restrict the Postal Service's right to use any part
of a VECP or the supporting data by marking the following legend
on the affected parts:
These data, furnished under the Value Engineering Incentive
clause of contract , may not be disclosed
outside the Postal Service or duplicated, used, or disclosed, in
whole or in part, for any purpose other than to evaluate a value
engineering change proposal submitted under the clause. This
restriction does not limit the Postal Service's right to use
information contained in these data if it has been obtained or is
otherwise available from the supplier or from another source
without limitation."
(2) If a VECP is accepted, the supplier hereby grants the Postal
Service unlimited rights in the VECP and supporting data, except
that, with respect to data qualifying and submitted as limited rights
technical data, the Postal Service will have the rights specified in
the contract modification implementing the VECP and will
appropriately mark the data. (The terms unlimited rights" and
limited rights" are defined in chapter 9 of the USPS Purchasing
Manual.)
Additional Paragraph j. (see 2.2.10.h)
Subcontracts. The supplier must include an appropriate value
engineering incentive clause in any firm -fixed -price subcontract of
$1 00,000 or more. In calculating any price adjustment for savings
under this contract, the supplier's allowable VECP development and
implementation costs include any subcontractor=s allowable
development and implementation costs. Subcontract savings are
subject to the sharing arrangements in paragraph h of this clause, and
will be taken into account in determining the savings under this
contract.
H.20 Applicable if Listed In Block 9, Page 1
H.20 Participation of Small, Minority and Women -owned Business
(Clause 3.1) (January 1997)
a. The policy of the Postal Service is to encourage the participation of
small, minority and woman -owned business in its purchases of
supplies and services to the maximum extent practicable consistent
with efficient contract performance. The supplier agrees to follow the
same policy in performing this contract.
b. The supplier will submit a report to the contracting officer within 10
calendar days after the end of each quarter, describing all subcontract
awards to small, minority, or woman-owned businesses. The supplier
agrees to cooperate in any studies or surveys related to small, minority
and woman -owned business subcontracting that may be conducted by
the Postal Service.
UNITED STATES'
Mita POSTAL SERVICE
H.21 Applicable If Contracf Exceeds $1.000.000
H.21 Small, Minority and Women -owned Business Subcontracting
Requirements
(Clause 34) (January 1997)
a. Definitions
(1) Affiliates. Businesses connected by the fact that one controls or
has the power to control the other, or a third party controls or has
the power to control both. Factors such as common ownership,
common management, and contractual relationships must be
considered. Franchise agreements are not considered evidence
of affiliation if the franchisee has a right to profit in proportion to
its ownership and bears the risk of loss or failure.
(2) Commercial product. A product in regular production that is sold
in substantial quantities to the general public and/or industry at
established catalog or market prices. As used in this clause, it
also means any product that, in the opinion of the contracting
officer, differs only insignificantly from the supplier's commercial
product.
(3) Dominant. This includes being a controlling or major influence in
a market in which a number of businesses are primarily engaged.
Factors such as business volume; number of employees;
financial resources; competitiveness; ownership or control of
materials, processes, patents, and license agreements; facilities;
sales territory; and nature of the business must be considered.
(4) Minority business. A minority business is a concern that is at least
51 percent owned by, and whose management and daily business
operations are controlled by, one or more members of a socially
and economically disadvantaged minority group, namely U.S.
citizens who are Black Americans, Hispanic Americans, Native
Americans, or Asian-Americans. (Native Americans are
American Indians, Eskimos, Aleuts, and Native Hawaiians. Asian
Americans are U.S. citizens whose origins are Japanese,
Chinese, Filipino, Vietnamese, Korean, Samoan, Laotian,
Kampuchea (Cambodian), Taiwanese, in the U.S. Trust
Territories of the Pacific Islands or in the Indian subcontinent.)
Number of employees. Average employment (including domestic
and foreign affiliates), based on the number of people employed
(whether full -time, part -time, or temporary), during each pay
period of the preceding 12 months, or, if the business has been in
existence less than 12 months, during each pay period of its
existence.
(6) Small business. A business, including affiliates, that is
independently owned and operated, is not dominant in producing
or performing the supplies or services being purchased, and has
no more than 500 employees, unless a different size standard has
been established by the Small Business Administration (see 13
CFR 121, particularly for different size standards for airline,
railroad, and construction companies). For subcontracts of
$50,000 or less, a subcontractor having no more than 500
employees qualifies as a small business without regard to other
factors.
(7) Woman-owned business. A business at least 51 percent of
which is owned by a woman (or women) who is a U.S. citizen,
controls the firm by exercising the power to make policy
decisions, and operates the business by being actively involved in
day-to-day management.
(5)
DCFXDCO3 (January 1997) FMSWIN 2.1
26
(8) Subcontract. Any agreement (other than one involving an
employer - employee relationship) entered into by a Postal Service
supplier or subcontractor calling for supplies or services required
for performance of the contract or subcontract.
b. AU offerors except small businesses must submit and negotiate a
subcontracting plan that separately addresses subcontracting with
small, minority and woman-owned businesses. This plan will be
included in and made a part of the contract. The subcontracting plan
must be negotiated within the time specified by the contracting officer.
Failure to submit and negotiate the subcontracting plan will make the
offeror ineligible for award.
c. The offeror's subcontracting plan must include the following:
(1)
(
(5)
(6)
(9)
Facilities Department
Goals, in terms of percentages of total planned subcontracting
dollars, for the use of small, minority and woman-owned
businesses. The offeror must include all subcontracts that
contribute to contract performance, and may include a
proportionate share of supplies and services that are normally
allocated as indirect costs.
(2) A statement of the:
(a) Total dollars planned to be subcontracted; and
(b) Total dollars planned to be subcontracted to small, minority
and woman -owned businesses.
(c) The plan may also include goals for small and woman-
owned business participation.
A description of the principal types of supplies and services to be
subcontracted, identifying the types planned for subcontracting to
small, minority and woman -owned businesses.
(4) A description of the method used to develop the subcontracting
goals.
A description of the method used to identify potential sources for
solicitation purposes.
A statement as to whether the offer included indirect costs in
establishing subcontracting goals, and a description of the
method used to determine the proportionate share of indirect
costs to be incurred with small, minority and woman-owned
businesses.
(7) The name of the individual employed by the offeror who will
administer the offeror's subcontracting program, and a
description of the individual's duties.
(8) A description of efforts the offeror will make to ensure that small,
minority and woman -owned businesses have an equitable
opportunity to compete for subcontracts.
Assurances that the offeror will (a) include this clause in all
subcontracts expected to exceed $500,000; and (b) require all
subcontractors receiving subcontracts in excess of $1,000,000 to
adopt a plan similar to the plan agreed to by the offeror.
(10) A recitation of the types of records the offeror will maintain to
demonstrate procedures adopted to comply with the requirements
and goals in the plan. The records must include
at least the following (on a plant -wide or company-wide basis,
unless otherwise indicated);
(a) Source lists, guides, and other data identifying small,
minority and woman -owned businesses;
(b) Organizations contacted in an attempt to locate sources that
are small, minority and woman-owned businesses;
(c) Records on each subcontract solicitation resulting in an
award of more than $1 00,000, indicating whether small,
minority or woman-owned businesses were solicited and if
not, why not, and whether award was made to a small,
minority or woman -owned business;
(d) Records to support subcontract award data, including the
name, address, and business size of each subcontractor.
Suppliers having company or division -wide annual plans
need not comply with this requirement.
d. In order to implement this plan effectively, the supplier must take the
following steps:
(1) Assist small, minority and woman -owned businesses by
arranging solicitations, time for proposal preparation, quantities,
specifications, and delivery schedules so as to facilitate their
participation. When the supplier's lists of potential small, minority
and woman -owned business subcontractors are excessively
long, reasonable effort should be made to give all such
businesses an opportunity to compete over a period of time.
(2) Consider the abilities of small, minority and woman -owned
businesses in all "make -or -buy=' decisions.
Counsel and discuss subcontracting opportunities with
representatives of small, minority and woman -owned businesses.
e. A master subcontracting plan on a plant or division -wide basis
containing all the elements required by paragraph c above, except goals,
may be incorporated by reference as part of the subcontracting plan
required by this clause, provided:
g.
UNITED STATES
POSTAL SERVICE
(3)
(1)
(2) The offeror provides to the contracting officer copies of the
approved master plan and evidence of approval; and
Goals and any deviations from the master plan deemed
necessary by the contracting officer to satisfy the requirements of
this contract are set forth in the individual subcontracting plan.
f. If a commercial product is offered, the subcontracting plan required by
this clause may relate to the offeror's production generally, for both
commercial and noncommercial products, rather than solely to the
Postal Service contract. In these cases, the offeror may, with the
concurrence of the contracting officer, submit one company-wide or
division-wide annual plan.
(1) The annual plan must be reviewed for approval by the Postal
Service purchasing office awarding the offeror its prime contract
requiring a subcontracting plan during the fiscal year.
(3)
The master plan has been approved;
(2) The approved plan must remain in effect during the offeror's fiscal
year for all of the offeror's commercial products.
The supplier may rely on written representations by subcontractors
regarding their status as small, minority or woman -owned business
concerns.
DCFXDCO3 (January 1997) FMSWIN 2.1
27
a.
(
Facilities Department
h. In determining the offeror's responz. �ility the contracting officer may
consider the offerors compliance with subcontracting plans under
previous contracts.
i. Failure of the supplier or subcontractor to comply in good faith with this
clause or an approved plan required by this clause will be a material
breach of the contract.
H.22 Price Reduction For Defective Cost Or Pricing Data
(Clause 591) (January 1997)
If any price, including profit or fee, negotiated in connection with this
contract, or modification to this contract, or any cost reimbursable
under this contract, was increased by any significant amount because:
(1) The supplier or subcontractor furnished cost or pricing data that
were not complete, accurate, and current as of the date of the
final agreement on price;
(2) A subcontractor or prospective subcontractor furnished the
supplier cost or pricing data that were not complete, accurate, and
current as of the date of final agreement on price; or
Any of these parties furnished data of any description that were
not accurate then the price or cost will be reduced accordingly
and the contract will be modified to reflect the reduction. Any
reduction In the contract price under paragraph a above due to
defective data from a prospective subcontractor that was not
awarded the subcontract will be limited to the amount, plus
applicable overhead and profit markup, by which the actual
subcontract, or the actual cost to the supplier if there was no
subcontract, was less than the prospective subcontract cost
estimate submitted by the supplier (provided that the actual
subcontract price was not itself affected by defective cost or
pricing data).
H.23 Subcontractor Cost or Pricing Data
(Clause 54) (January 1997)
a. Before awarding any subcontract or pricing any subcontract
modification, the supplier must require the subcontractor to submit cost
or pricing data whenever cost or pricing data are required by chapter 5
of the USPS Purchasing Manual.
b. If the subcontractor is required to submit cost or pricing data under
paragraph a above, then the supplier must insert the substance of this
clause, including this paragraph b, in the subcontract.
H.24 Bankruptcy
(Clause 6.1) (January 1997)
In the event the supplier enters into proceedings relating to bankruptcy,
whether voluntary or involuntary, the supplier will furnish, by certified mail,
written notification of the bankruptcy to the contracting officer responsible for
administering the contract. The notification must be furnished within five
days of the initiation of the bankruptcy proceedings. The notification must
include the date on which the bankruptcy petition was filed, the court in
which the petition was filed, and a list of Postal Service contracts and
contracting officers for all Postal Service contracts for which final payment
has not yet been made. This obligation remains in effect until final payment
under this contract.
H.27 Insurance
(Clause 7-4) (January 1997)
During the term of this contract and any extension, the supplier must
maintain at its own expense the insurance required by this clause.
Insurance companies must be acceptable to the Postal Service.
Policies must include all terms and provisions required by the Postal
Service.
. The supplier must maintain and furnish evidence of workers'
compensation, employers' liability insurance, and the fallowing general
public liability and automobile liability insurance:
Genera Ll
Bodil In'u 1'ro Dam e
$1 00,000 per person $10,000 per occurrence
UNITED STATES
POSTAL SERVICE..
11.25 Applicable if Contract Exceeds $26,000
H.25 Additional Bond Security
(Clause 7-2) (January 1997)
If any surety furnishing a bond in connection with this contract becomes
unacceptable to the Postal Service or fails to furnish reports on its financial
condition as requested by the contracting officer, or if the contract price
increases to the point where the security furnished becomes inadequate in
the contracting officer's opinion, the supplier must promptly furnish
additional security as required to protect the interests of the Postal Service
and of persons supplying labor or materials in performance of this contract.
11,26 Applicable if Contract Exceeds $25,000
H26 Deposit Of Assets Instead Of Surety Bonds
(Clause 74) (January 1997)
If the supplier has deposited assets instead of furnishing sureties for
any bond required under this contract and the assets are in the form of
checks, currency, or drafts, the contracting officer will hold the assets
in an account for the supplier's benefit.
. Upon contract completion, the supplier's funds will be returned as soon
as possible, unless the contracting officer determines that part or all of
the account is required to compensate the Postal Service for costs it
incurs as a result of the supplier's delay, default, or failure to perform.
In such a case, the entire account will be available to compensate the
Postal Service.
$500,000
Automobile Liabil'
Bodil
$100,000
$500,000
per accident
In
u
per person $10,000
per accident $1 0,000
Each policy must include substantially the following provision:
it is a condition of this policy that the company furnish written notice to
the U.S. Postal Service 30 days in advance of the effective date of any
reduction in or cancellation of this policy."
The supplier must furnish a certificate of insurance or, if required by the
contracting officer, true copies of liability policies and manually
countersigned endorsements of any changes. Insurance must be
effective, and evidence of acceptable insurance furnished, before
DCFXDC93 (January 1997) FMSWIN 2.1
$10,000
Dame • e
aggregate
per occurrence
aggregate
28
(
(5)
Facilities Department
beginning performance under this contract. Evidence of renewal must
be furnished not later than five days before a policy expires.
e. The maintenance of insurance coverage as required by this clause is a
continuing obligation, and the lapse or termination of insurance
coverage without replacement coverage being obtained will be ground
for termination for default.
H.28 Federal, State, And Local Taxes
(Clause 74) (January 1997)
a. Definitions
(1) Contract Date. The effective date of this contract or modification.
(2) All Applicable Federal, State, and Local Taxes and Duties. All
taxes and duties, in effect on the contract date, that the taxing
authority is imposing and collecting on the transactions or
property covered by this contract.
After—imposed Federal Tax. Any new or increased federal excise
tax or duty, or tax that was exempted or excluded on the contract
date but whose exemption is revoked or reduced during the
contract period, on the transactions or property covered by this
contract that the supplier is required to pay or bear as the result of
legislative, judicial, or administrative action taking effect after the
contract date. It does not include social security tax or other
employment taxes.
(4) After — relieved Federal Tax. Any amount of federal excise tax or
duty, except social security or other employment taxes, that would
otherwise have been payable on the transactions or property
covered by this contract, but which the supplier is not required to
pay or bear, or for which the supplier obtains a refund or
drawback, as the result of legislative, judicial, or administrative
action taking effect after the contract date.
Local Taxes. Includes taxes imposed by a possession of the
United States or by Puerto Rico.
b. The contract price includes all applicable federal, state, and local taxes
and duties.
c. The contract price will be increased by the amount of any after—
imposed federal tax, provided the supplier warrants in writing that no
amount for a newly imposed federal excise tax or duty or rate increase
was included in the contract price as contingency reserve or otherwise.
d. The contract price will be decreased by the amount of any after—
relieved federal tax.
e. The contract price will be decreased by the amount of any federal
excise tax or duty, except social security or other employment taxes,
that the supplier is required to pay or bear, or does not obtain a refund
of, through the supplier's fault, negligence, or failure to follow
instructions of the contracting officer.
f. No adjustment will be made in the contract price under this clause
unless the amount of the adjustment exceeds $100.
.1 UNITED STATES
Pradif POSTAL SERVICE.
DCFXDCO3 (January 1997) FMSWIN 2.1
The supplier must promptly notify the contracting officer of all matters
relating to any federal excise tax or duty that reasonably may be
expected to result in either an increase or decrease in the contract
price and must take appropriate action as the contracting officer
directs.
h . The Postal Service will, without liability, furnish evidence appropriate to
establish exemption from any federal, state, or local tax when the
supplier requests such evidence and a reasonable basis exists to
sustain the exemption.
H.29 Authorization And Consent
(Clause 8 -2) (January 1997)
Research and Development Work. The Postal Service authorizes and
consents to all use and manufacture of any invention covered by a U.S.
patent in the performance of research, development, or experimental
work called for, or performed as a necessary activity, in the
performance of this contract or any subcontract, at any tier.
. Supplies and Construction. The Postal Service authorizes and
consents to all use and manufacture of any invention covered by a U.S.
patent in performing this contract or subcontract, at any tier, that is:
(1) Embodied in the structure or composition of any article, the
delivery of which is accepted by the Postal Service under this
contract; or
(2) Used in machinery, tools, or methods whose use necessarily
results from compliance by the supplier or subcontractor with (a)
specifications or written provisions forming a part of this contract
or (b) specific written instructions given by the contracting officer
directing the manner of performance.
• Determination of Liability. The liability of the Postal Service for patent
infringement or for the unauthorized use of any patent will be
determined by the provisions of any patent indemnity clause included in
this contract or in any subcontract under this contract (at any tier) and
by any indemnification or warranty (express or implied) otherwise
provided by the supplier or subcontractor for similar products or
services when supplied to commercial buyers.
Flowdown. The supplier must include, and require inclusion of, this
clause, suitably modified to identify the parties, in all subcontracts
under this contract at any tier that are expected to exceed $50,000.
H.30 Notice and Assistance Regarding Patent and Copyright
Infringement
(Clause 8-3) (January 1997)
• The supplier must report to the contracting officer, in writing, promptly
and in reasonable detail, any notice, claim, or suit regarding patent or
copyright infringement (or unauthorized use of a patent or copyright)
based on performance of this contract.
. At the contracting officer's request, the supplier must furnish all
evidence and information in its possession pertaining to the suit or
claim. The evidence and information will be furnished at the expense of
the Postal Service except when the supplier has agreed to indemnify
the Postal Service.
This clause must be included in all subcontracts under this contract, at
any tier, over $50,000.
29
H.31 Patent Indemnity
(Clause 8-4) (January 1997)
a. Except as provided in paragraph d below, the supplier indemnifies the
Postal Service, its employees, and its agents against liability, including
costs and fees, for patent infringement (or unauthorized use) arising
from the manufacture, use, or delivery of supplies, the performance of
service, the construction or alteration of real property, or the disposal of
property by or for the Postal Service, if the supplies, service, or property
(with or without relatively minor modifications) have been or are being
offered for sale or use in the commercial marketplace by the supplier.
b. The Postal Service must promptly notify the supplier of any claim or
suit subject to the indemnity of paragraph a above alleging patent
infringement or unauthorized use of a patent.
0. To the extent allowed by law, the supplier may participate in the
defense of any suit to which this clause applies.
d. This indemnification does not apply to:
(1) Infringements for the unauthorized use of a private patent covered
by this indemnity resulting from the contracting officers specific
written direction, compliance with which requires an infringement;
(2) Infringement or unauthorized use claims that are unreasonably
settled without the supplier's consent before litigation.
e. This clause must be included in all subcontracts under this contract, at
any tier, over $50,000.
H.32 Rights in Technical Data
(Clause 8-9) (January 1997)
a. Definitions
(1)
(3)
(
(5)
or
Facilities Department
Data. Recorded information, regardless of the form or the medium
on which it may be recorded. The term includes technical data
and computer software. The term does not include information
incidental to contract administration, such as financial,
administrative, cost or pricing, or management information.
(2) Form, Fit, and Function Data. Data relating to an 'item or process
that are sufficient to enable physical and functional
interchangeability, as well as data identifying source, size,
configuration, mating and attachment characteristics, functional
characteristics, and performance requirements; except that for
computer software, it means data identifying origin, functional
characteristics, and performance requirements but specifically
excludes the source code, algorithm, process, formulas, and
machine -level flow charts of the computer software.
Limited Rights Data. Data other than computer software
developed at private expense, including minor modifications of
these data.
Technical Data. Data other than computer software, of a scientific
or technical nature.
Unlimited Rights. The rights of the Postal Service in technical
data and computer software to use, disclose, reproduce,
.� UNITED STATES
ffidlif POSTAL SERVICE
prepare derivative works, distribute copies to the public, and
perform and display publicly, in any manner and for any purpose,
and to have or permit others to do so.
b. Allocation of Rights
( Except as provided in paragraph c below regarding copyright, the
Postal Service has unlimited rights in:
(a) Technical data first produced in the performance of this
contract (except to the extent that they constitute minor
modifications of data that are limited rights data);
(b) Form, fit, and function data delivered under this contract;
except that all form, fit, and function data describing limited
rights data must be delivered with unlimited rights;
( Technical data delivered under this contract that constitute
manuals or instructional and training material for installation,
operation, or routine maintenance and repair of items,
components, or processes delivered or furnished for use
under this contract; and
(d) All other technical data delivered under this contract, unless
provided otherwise in paragraph g below.
(2) The allocation of rights in any computer programs, data bases, and
documentation will be determined by the Rights in Computer
Software clause, except that limited rights data formatted as
computer data bases for delivery to the
Postal Service are to be treated as limited rights data under this
Rights in Technical Data clause.
Copyright
Unless provided otherwise in paragraph d below, the supplier may
establish, without prior approval of the contracting officer, claim to
copyright in scientific and technical articles based on, or
containing, technical data first produced in the performance of
this contract and published in academic, technical, or
professional journals, symposia proceedings, or similar works.
The prior, express written permission of the contracting officer is
required to establish claim to copyright in all other technical data
first produced in the performance of this contract. When making
claim to copyright, the supplier must affix the applicable copyright
notice of 17 U.S.C. 401 or 402. The supplier grants to the Postal
Service and others acting on its behalf a paid —up, nonexclusive,
irrevocable worldwide license in such copyright data to reproduce,
prepare derivative works, distribute copies to the public, and
perform and display the data publicly.
(2) The supplier may not, without prior written permission of the
contracting officer, incorporate in technical data delivered under
this contract any data not first produced in the performance of this
contract containing the copyright notice of 17 U.S.C. 401 or 402,
unless the supplier identifies the data and grants to the Postal
Service, or acquires on its behalf at no cost to the Postal Service,
a license of the same scope as set forth in subparagraph c.1
above.
The Postal Service agrees not to remove any copyright notices
placed on data pursuant to this paragraph c, and to include such
notices on all reproductions of the data.
Release, Publication, and Use of Technical Data
The supplier has the right to use, release to others, reproduce,
distribute, or publish any technical data first produced by the
supplier in the performance of this contract, except to the extent
(1)
(3)
(1
DCFXDCO3 (January 1997) FMSWIN 2.1
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(1)
Facilities Department
these data may be subject to the federal export control or national
security laws or regulations, or unless otherwise provided below in
this paragraph d.2 following or expressly set forth in this contract.
( The supplier agrees that if it receives or is given access to data
necessary for the performance of this contract that contain
restrictive markings, the supplier will treat the data in accordance
with the markings unless otherwise specifically authorized in
writing by the contracting officer.
e. Unauthorized Marking of Data
( If any technical data delivered under this contract are marked with
the notice specified in paragraph g below and the use of such a
notice is not authorized by this clause, or if the data bear any
other unauthorized restrictive markings, the contracting officer
may at any time either return the data or cancel the markings. The
contracting officer must afford the supplier at least 30 days to
provide a written justification to substantiate the propriety of the
markings. Failure of the supplier to timely respond, or to provide
written justification, may result in the cancellation of the markings.
The contracting officer must consider any written justification by
the supplier and notify the supplier if the markings are determined
to be authorized.
(2) The foregoing procedures may be modified in accordance with
Postal Service regulations implementing the Freedom of
Information Act (5 U.S.C. 552) if necessary to respond to a
request thereunder. In addition, the supplier is not precluded from
bringing a claim in connection with any dispute that may arise as
the result of a final disposition of the matter by a court of
competent jurisdiction.
f. Omitted or Incorrect Markings
Technical data delivered to the Postal Service without limited
rights notice authorized by paragraph g below, or the copyright
notice required by paragraph c above, will be deemed to have
been furnished with unlimited rights, and the Postal Service
assumes no liability for the disclosure outside the Postal Service,
the supplier may request, within six months (or a longer time
approved by the contracting officer) after delivery of the data,
permission to have notices placed on qualifying technical data at
the supplier's expense, and the contracting officer may agree to
do so if the supplier:
(a) Indemnifies the technical data to which the omitted notice is
to be applied;
(b) Demonstrates that the omission of the notice was inadvertent;
(c) Establishes that the use of the proposed notice is authorized;
and
(d) Acknowledges that the Postal Service has no liability with
respect to the disclosure, use, or reproduction of any such
data made before the addition of the notice or resulting from
the omission of the notice.
( The contracting officer may also (a) permit correction at the
supplier=s expense of incorrect notices if the supplier identifies
r UNITED STATES
POSTAL SERVICE-
g.
the technical data on which correction of the notice is to be made
and demonstrates that the correct notice is authorized, or (b)
correct any incorrect notices.
Protection of Limited Rights Data. When technical data other than data
listed in b.1(a), (b), and (c) above are specified to be delivered under
this contract and qualify as limited rights data, if the supplier desires to
continue protection of such data, the supplier must affix the following
"Limited Rights Notice" to the data, and the Postal Service will
thereafter treat the data, subject to paragraphs e and f above, in
accordance with the Notice:
"LIMITED RIGHTS NOTICE
These technical data are submitted with limited rights
under Postal Service Contract No.
(and
subcontract , if
appropriate). These data may be reproduced and used
by the Postal Service with the express limitation that
they will not, without written permission of the supplier,
be used for purposes of manufacture or disclosed
outside the Postal Service; except that the Postal
Service may disclose these data outside the Postal
Service for the following purposes, provided that the
Postal Service makes such disclosure subject to
prohibition against further use and disclosure:
1. Use (except for manufacture) by support service
suppliers.
2. Evaluation by Postal Service evaluators.
3. Use (except for manufacture) by other suppliers
participating in the Postal Service's program of which
the specific contract is a part, for information and use
in connection with the work performed under each
contract.
4. Emergency repair or overhaul work.
This Notice must be marked on any reproduction of
these data, in whole or in part."
h. Subcontracting. The supplier has the responsibility to obtain from its
subcontractors all data and rights therein necessary to fulfill the
supplier's obligations under the contract. If a subcontractor refuses to
accept terms affording the Postal Service such rights, the supplier
must promptly bring such refusal to the attention of the contracting
officer and may not proceed with subcontract award without further
authorization.
Relationship to Patents. Nothing contained in this clause implies a
license to the Postal Service under any patent or may be construed as
affecting the scope of any license or other right otherwise granted to
the Postal Service,
H.33 Rights in Computer Software
(Clause 9-9) (January 1997)
a. Definitions
(1) Computer Software, Computer programs, computer data bases,
and their documentation.
(2) Form, Fit, and Function Data. Data identifying origin, functional
characteristics, and performance requirements but specifically
excludes the source code, algorithm, process, formulas, and
machine -level flow charts of the computer software.
DCFXDCO3 (January 1997) FMSWIN 2.1
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(3)
(
(
Facilities Department
Restricted Computer Software. Computer software developed at
private expense that is a trade secret, is comm=ercial or financial
and confidential or privileged, or is published copyrighted
computer software, including minor modifications of this computer
software.
(4) Restricted Rights. The rights of the Postal Service In restricted
computer software, as set forth in a Restricted Rights Notice as
provided in paragraph g below, or as otherwise may be provided
in a collateral agreement incorporated in and made part of this
contract.
Unlimited Rights. The rights of the Postal Service in computer
software to use, disclose, reproduce, prepare derivative works,
distribute copies to the public, and perform and display publicly, in
any manner and for any purpose, and to have or permit others to
do so.
b. Allocation of Rights. Except as provided in paragraph c below
regarding copyright, the Postal Service has unlimited rights in:
(1) Computer software first produced in the performance of this
contract (except to the extent that it constitutes minor
modifications of computer software that is restricted computer
software);
(2) Form, fit, and function data delivered under this contract; except
that all form, fit, and function data describing limited rights data
must be delivered with unlimited rights;
(3) All other computer software delivered under this contract, except
for restricted computer software provided in accordance with
paragraph g below.
0. Copyright
(a) The prior, express written permission of the contracting
officer is required to establish claim to copyright in all computer
software or other data first produced in the performance of this
contract. When making claim to copyright, the supplier must affix
the applicable copyright notice of 17 U.S.C. 401. The supplier
grants to the Postal Service and others acting on its behalf a
paid-up, nonexclusive, irrevocable worldwide license in such
copyrighted computer software to reproduce, prepare derivative
works, and perform and display the computer software and other
data publicly.
(b) If the Postal Service desires to obtain copyright in the
computer software first produced in the performance of the
contract and permission has not been granted pursuant to c.1(a)
above, the contracting officer may direct the supplier to establish,
or authorize the establishment of, claim to copyright in the
computer software and to assign, or obtain the written assignment
of, the copyright to the Postal Service or its designated assignee.
(2) The supplier may not, without prior written permission of the
contracting officer, incorporate in computer software delivered
under this contract any computer software not first produced in
the performance of this contract containing the copyright notice of
17 U.S.C. 401, unless the supplier identifies the computer
software and grants to the Postal Service, or acquires on its
behalf at no cost to the Postal Service, a license of the same
EPOS UNITED STATES
POSTAL SERVICE
scope as set forth in c.1.(a) above or as otherwise may be
provided in a collateral agreement incorporated in and made part
of this contract.
(3) The Postal Service agrees not to remove the supplier's copyright
notice placed on computer software pursuant to this paragraph c,
and to include such notices on all reproduction of the computer
software.
d. Release, Publication, and Use of Computer Software
(1) Unless prior written permission is obtained from the contracting
officer or to the extent expressly set forth in this contract, the
supplier will not use, release to others, reproduce, distribute, or
publish any computer software fist produced by the supplier in the
performance of the contract.
(2) The supplier agrees that to the extent it receives or is given
access to computer software necessary for the performance of
this contract that contains restrictive markings, the supplier will
treat the computer software in accordance with these markings
unless otherwise specifically authorized in writing by the
contracting officer.
e. Unauthorized Marking of Computer Software
(1
If any computer software delivered under this contract is marked
with the notice specified in paragraph g below and the use of
such a notice is not authorized by this clause, or if the computer
software bears any other unauthorized restrictive markings, the
contacting officer may at any time either return the computer
software or cancel the markings. The contracting officer must
afford the supplier at least 30 days to provide a written justification
to substantiate the propriety of the markings. Failure of the
supplier to timely respond, or to provide written justification, may
result in the cancellation of the markings. The contracting officer
must consider any written justification by the supplier and notify
the supplier if the markings are determined to be authorized.
(2) The foregoing procedures may be modified in accordance with
Postal Service regulations implementing the Freedom of
Information Act (5 U.S.C. 552) if necessary to respond to a
request thereunder. In addition, the supplier is not precluded from
bringing a claim in connection with any dispute that may arise as
the result of the Postal Service's action to remove any markings
on computer software, unless this action occurs as a result of a
final disposition of the matter by a court of competent jurisdiction.
f. Omitted or Incorrect Markings
(1) Computer software delivered to the Postal Service without the
restricted rights notice authorized by paragraph g below, or the
copyright notice required by paragraph c above, will be deemed to
have been furnished with unlimited rights, and the Postal Service
assumes no liability for the disclose, use or reproduction of such
computer software. However, the extent the computer software
has not been disclosed outside the Postal Service, the supplier
may request, within six months (or a longer time approved by the
contracting officer) after delivery of the computer software,
permission to have notices placed on qualifying computer
software at the supplier's expense, and the contracting officer
may agree to do so if the supplier:
(a) identifies the computer software involved;
(b) Demonstrates that the omission of the notice was
inadvertent;
DCFXDCO3 (January 1997) FMSWIN 2.1
32
g.
(
Facilities Department
(c) Establishes that the use of the proposed notice is
authorized; and
(d) Acknowledges that the Postal Service has no liability with
respect to the disclosure, use, or reproduction of any such
computer software made before the addition of the notice or
relisting from the omission of the notice.
(2) The contracting officer may also (a) permit correction, at the
supplier's expense, of incorrect notices if the supplier identifies
the computer software on which correction of the notice is to be
made and demonstrates that the correct notice is authorized, or
(b) correct any incorrect notices.
Protection of Restricted Computer Software
When computer software other than that listed in subparagraphs
b.1 and b.2 above is specified to be delivered under this contract
and qualifies as restricted computer software, if the supplier
desires to continue protection of such computer software, the
supplier must affix the following "Restricted Rights Notice" to the
computer software, subject to paragraphs e and f above, in
accordance with the Notice:
"RESTRICTED RIGHTS NOTICE
a. This computer software is submitted with restricted
rights under Postal Service Contract No.
(and subcontract
if appropriate). It
may not be used, reproduced, or disclosed by the Postal
Service except as provided below or as otherwise stated in
the contract.
b. This computer software may be:
1. Used or copied for use in or with the computer or
computers for which it was acquired, including use
at any Postal Service installation at which the
computer or computers may be transferred;
2. Used or copied for use in a backup computer If any
computer for which it was acquired is inoperative;
3. Reproduced for safekeeping (archives) or backup
purposes;
4. Modified, adapted, or combined with other computer
software, provided that the modified, adapted, or
combined portions of any derivative software
incorporating restricted computer software are
made subject to the same restricted rights;
5. Disclosed to and reproduced for use by support
service suppliers in accordance with 1 through 4
above, provided the Postal Service makes such
disclosure or reproduction subject to these
restricted rights; and
6. Used or copied for use in or transferred to a
replacement computer.
NE -- -71 UNITED STATES
POSTAL SERVICE
c. Notwithstanding the foregoing, if this computer
software is published copyrighted computer software, it
is licensed to the Postal Service, without disclosure
prohibitions, with the minimum rights set forth in the
preceding paragraph.
d. Any other rights or limitations regarding the use,
duplication, or disclosure of this computer software are
to be expressly stated in, or incorporated in, the contract.
e. This Notice must be marked on any reproduction of
this computer software, in whole or in part."
( When it is impracticable to include the above Notice on restricted
computer software, the following short -form Notice may be used
instead, on condition that the Postal Service's rights with respect
to such computer software will be as specified in the above Notice
unless otherwise expressly stated in the contract.
"RESTRICTED RIGHTS NOTICE
(SHORT FORM)
Use, reproduction, or disclosure is subject to restrictions set forth
in Contract No. (and subcontract
appropriate) with
(name of supplier and
subcontractor)."
if
h. Subcontracting. The supplier has the responsibility to obtain from its
subcontractors all computer software and rights in it necessary to fulfill
the supplier's obligations under this contract. If a subcontractor refuses
to accept terms affording the Postal Service such rights, the supplier
must promptly bring such refusal to the attention of the contracting
officer and may not proceed with subcontract award without further
authorization.
i. Standard Commercial License or Lease Agreements. The supplier
unconditionally accepts the terms and conditions of this clause unless
expressly provided otherwise in this contract or in a collateral
agreement incorporated in and made part of this contract. Thus the
supplier agrees that, notwithstanding any provisions to the contrary
contained in the supplier's standard commercial license or lease
agreement pertaining to any restricted computer software delivered
under this contract, and irrespective of whether any such agreement
has been proposed before or after issuance of this contract of the fact
that such agreement may be affixed to or accompany the restricted
computer software upon delivery, the Postal Service has the rights set
forth in this clause to use, duplicate, or disclose any restricted
computer software delivered under this contract.
H.34 Convict Labor
(Clause 9-1 ) (January 1997)
In connection with the work under this contract, the supplier agrees not to
employ any person undergoing sentence of imprisonment, except as
provided by Public Law 89-176, September 10, 1965 (18 U.S.C.
4082 (c)( 2 )) and Executive Order 11755, December 29, 1973.
DCFXDCO3 (January 1997) FMSWIN 2.1
33
Facilities Department
H.35 Contract Work Hours And Safety Standards Act - Overtime
Compensation
(Clause 9 -2 ) (January 1997)
a. Overtime Requirements. No supplier or subcontractor contracting for
any part of the contract work may require or permit any laborer or
mechanic to work more than 40 hours in any workweek on work subject
to the provisions of the Contract Work Hours and Safety Standards
Act, unless the laborer or mechanic receives compensation at a rate
not less than one - and - one -half times the laborer's or mechanic's
basic rate of pay for all such hours worked in excess of 40 hours.
. Violation, Liability for Unpaid Wages, and Liquidated Damages. In the
event of any violation of paragraph a above, the supplier and any
subcontractor responsible for the violation are liable to any affected
employee for unpaid wages. The supplier and subcontractor are also
liable to the Postal Service for liquidated damages, which will be
computed for each laborer or mechanic at $10 for each day on which
the employee was required or permitted to work in violation of
paragraph a above.
c. Withholding for Unpaid Wages and Liquidated Damages. The
contracting officer may withhold from the supplier, from any moneys
payable to the supplier or subcontractor under this or any other
contract with the same supplier, or any other federally - assisted
contract subject to the Contract Work Hours and Safety Standards Act
held by the same supplier, sums as may administratively be determined
necessary to satisfy any liabilities of the supplier or subcontractor for
unpaid wages and liquidated damages pursuant to paragraph b above.
d. Records. The supplier or subcontractor must maintain for three years
from the completion of the contract for each laborer and mechanic
(including watchmen and guards) working on the contract payroll
records which contain the name, address, social security number, and
classification(s) of each such employee, hourly rates of wages paid,
number of daily and weekly hours worked, deductions made, and
actual wages paid. The supplier or subcontractor must make these
records available for inspection, copying, or transcription by authorized
representatives of the contracting officer and the Department of Labor,
and must permit such representatives to interview employees during
working hours on the job. (The Department of Labor information
collection and record keeping requirements in this paragraph d have
been approved by the Office of Management and Budget under OMB
control numbers 1215.0140 and 1215.-0017.)
e. Subcontracts. The supplier must insert paragraphs a through d of this
clause in all subcontracts, and must require their inclusion in all
subcontracts at any tier.
H.36 Davis -Bacon Act
(Clause 94) (January 1997)
a. Minimum Wages
(1) All mechanics and laborers employed in the contract work (other
than maintenance work of a recurring, routine nature necessary to
keep the building or space in condition to be continuously used at
an established capacity and efficiency for its intended purpose)
must be paid unconditionally, and not less than once a week,
without deduction or rebate (except for deductions permitted by
the Copeland Regulations (29 CFR Part 3)), the amounts due at
the time of payment computed at
rates not less than the aggregate of the basic hourly rates and
rates of payments, contributions, or costs for any fringe benefits
contained in the wage - determination decision of the Secretary of
Labor, attached hereto, regardless of any contractual relationship
alleged to exist between the lessor (for construction contracts,
use "supplier' instead of "lessor}, or subcontractor and these
laborers and mechanics. A copy of the wage - determination
decision must be kept posted by the lessor at the site of the work
in a prominent place where it can easily be seen by the workers.
(2) The lessor may discharge its obligation under this clause to
workers in any classification for which the wage - determination
decision contains:
(a) Only a basic hourly rate of pay, by making payment at not
less than that rate, except as otherwise provided in the
Copeland Regulations (29 CFR Part 3); or
(b) Both a basic hourly rate of pay and fringe-benefit payments,
by paying in cash, by irrevocably contributing to a fund, plan,
or program for, or by assuming an enforceable commitment
to bear the cost of, bona fide fringe benefits contemplated by
40 U.S.C. 276a, or by a combination of these.
Contributions made, or costs assumed, on other than a weekly
basis (but not less often than quarterly) are considered as having
been constructively made for a weekly period. When a fringe
benefit is expressed in a wage determination in any manner other
than as an hourly rate and the lessor pays a cash equivalent or
provides an alternative fringe benefit, the lessor must furnish
information with the lessor's payrolls showing how the lessor
determined that the cost incurred to make the cash payment or to
provide the altemative fringe benefit is equal to the cost of the
wage - determination fringe benefits. When the lessor provides a
fringe benefit different from that contained in the wage
determination, the lessor must show how the hourly rate was
arrived at. In the event of disagreement as to an equivalent of any
fringe benefit, the contracting officer must submit the question,
together with the contracting officer's recommendation, to the
Secretary of Labor for final determination.
(4) If the supplier does not make payments to a trustee or other third
person, the supplier may consider as payment of wages the costs
reasonably anticipated in providing bona fide fringe benefits, but
only with the approval of the Secretary of Labor pursuant to a
written request by the lessor. The Secretary of Labor may require
the lessor to set aside assets in a separate account, to meet the
lessor's obligations under any unfunded plan or program.
The contracting officer will require that any class of laborers or
mechanics not listed in the wage - determination but to be
employed under the contract will be classified in conformance
with the wage determination and report the action taken to the
ADMINISTRATOR OF THE WAGE AND HOUR DIVISION
EMPLOYMENT STANDARDS ADMINISTRATION
US DEPARTMENT OF LABOR
WASHINGTON DC 20210 -0001
WM UN/TED STATES
POSTAL SERVICE
(3)
(5)
for approval. The contracting officer will approve an additional
classification and wage rate and fringe benefits therefor only if:
(a) The work to be performed by the classification requested is
not performed by a classification in the wage determination;
(b) The classification is utilized in the area by the construction
industry; and
Facilities Department
(c) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(6) If the lessor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer
do not agree on the proposed classification and wage rate and
fringe benefits therefore, the contracting officer must submit the
question, together with the views of the interested parties and the
contracting officer's recommendation, to the Wage and Hour
Administrator for final determination. The Administrator or an
authorized representative will, within 0 days of receipt, approve,
modify, or disapprove every proposed additional classification
action, or issue a final determination if the parties disagree, and
so advise the contracting officer or advise that additional time is
necessary. The finally approved wage rate (and fringe benefits if
appropriate) must be paid to all workers performing work in the
classification under the contract from the first day work is
performed in the classification. The lessor must post a copy of the
final determination of the conformance action with the wage
determination at the site of the work. (The Department of Labor
information collection and reporting requirements contained in
subparagraph a.5 above and in this subparagraph a.6 have been
approved by the Office of Management and Budget under OMB
control number 1215 - 0140.)
b. Apprentices and Trainees
(1) Apprentices may be permitted to work only when
(a) registered, individually, under a bona fide apprenticeship
program registered with a state apprenticeship agency
recognized by the Bureau of Apprenticeship and Training,
U.S. Department of Labor, or, if no such recognized agency
exists in a state, under a program registered with the Bureau
of Apprenticeship and Training; or
(b) if not individually registered in the program, certified by the
Bureau of Apprenticeship and Training or state agency (as
appropriate) to be eligible for probationary employment as an
apprentice. Trainees may be permitted to work only if
individually registered in a program approved by the
Employment and Training Administration, U.S. Department
of Labor.
(2) The ratio of apprentices to journeymen or trainees to journeymen
in any craft classification must not be greater than that permitted
for the lessor's entire work force under the registered
apprenticeship or trainee program. Apprentices and trainees must
be paid at least the applicable wage rates and fringe benefits
specified in the approved apprenticeship or trainee program for
the particular apprentice's or trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. If the
apprenticeship or trainee program does not specify fringe
benefits, apprentices or trainees must be paid the full amount of
fringe benefits listed on the wage determination for the applicable
classification unless the Administrator of the Wage
DCFXDCO3 (January 1997) FMSWIN 2.1
34
UNITED STATES
POSTAL SERVICE-
(
and Hour Division determines that a different practice prevails.
Any employee listed on a payroll at an apprentice or trainee wage
rate but not registered, or performing work on the job site in
excess of the ratio permitted under the registered program, must
be paid the wage rate on the wage determination for the
classification or work actually performed.
If the Bureau of Apprenticeship and Training or the state agency
recognized by the Bureau (as appropriate) withdraws approval of
an apprenticeship program, or if the Employment and Training
Administration withdraws approval of a trainee program, the
supplier will no longer be permitted to utilize apprentices or
trainees (as appropriate) at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved. (See 29 CFR 5.16 for special provisions
that apply to training plans approved or recognized by the
Department of Labor prior to August 20, 1975.)
(4) The utilization of apprentices, trainees, and journeymen must be
in conformity with the equal employment opportunity requirements
of Executive Order 11246, as amended, and 29 CFR Part 30.
c. Overtime Compensation
(
The lessor may not require or permit any laborer or
mechanic employed on any work under this contract to work
more than 40 hours in any workweek on work subject to the
provisions of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-333), unless the laborer or
mechanic receives compensation at a rate not less than
one -- and - one -half times the laborer's or mechanic's basic
rate of pay for all such hours worked in excess of 40 hours.
(2) For violations for subparagraph c.1 above, the lessor is liable
for liquidated damages, which will be computed for each
laborer or mechanic at $10 for each day on which the
employee was required or permitted to work in violation of
subparagraph c.1 above.
The contracting officer may withhold from the lessor sums
as may administratively be determined necessary to satisfy
any liabilities of the lessor for unpaid wages and liquidated
damages pursuant to subparagraph c.2 above.
Payroll and Other Records
(1)
(
For all laborers and mechanics employed in the work covered by
this clause, the lessor must maintain payrolls and related basic
records and preserve them for a period of three years after
contract completion. The records must contain the name,
address, and social security number of each employee, the
employee's correct classification, rate of pay (including rates of
contributions for, or costs assumed to provide, fringe benefits),
the daily and weekly number of hours worked, deductions made,
and actual wages paid. Whenever the lessor has obtained
approval from the Secretary of Labor to assume a commitment to
bear the cost of fringe benefits under subparagraph a.4 above,
the lessor must maintain records showing the commitment and its
approval, communication of the plan or program to the employees
affected, and the costs anticipated or incurred under the plan or
program. Lessors employing apprentices or trainees under
approved programs must maintain written evidence of the
registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and
the ratios and wage rates prescribed in the applicable programs.
(The Department of Labor information collection and record
keeping requirements in this subparagraph d.1 have been
DCFXDCO3 (January 1997) FMSWIN 2.1
35
approved by the Office of Management and Budget under OMB
control numbers 1215 -0140 and 1215-0017).
(2) The lessor must submit weekly, for each week in which any work
covered by this clause is performed, a copy of all payrolls to the
contracting officer. The lessor is responsible for the submission
of copies of payrolls of all subcontractors. The copy must be
accompanied by a statement signed by the lessor indicating that
the payrolls are correct and complete, that the wage rates
contained in them are not less than those determined by the
Secretary of Labor, and that the classifications set forth for each
laborer or mechanic conform with the work the laborer or
mechanic performed. Submission of the Weekly Statement of
Compliance (see 29 CFR 5.5(a)(3)(ii)) required under this
agreement satisfies this requirement. As required by this clause,
the lessor must submit a copy of any approval by the Secretary of
Labor. (The Department of Labor information collection and
reporting requirements in this subparagraph d.2 have been
approved by The Office of Management and Budget under OMB
control number 1215 - 0149.)
The lessor's records required under this clause must be available
for inspection by authorized representatives of the contracting
officer and the Department of Labor, and the lessor must permit
the representative to interview employees during working hours on
the job.
(4) The lessor must comply with the Copeland Regulations of the
Secretary of Labor (29 CFR Part 3), which are hereby
incorporated in this contract by reference.
e. Withholding of Funds. The contracting officer may withhold from the
lessor under this or any other contract with the lessor so much of the
accrued payments or advances as is considered necessary to pay all
laborers and mechanics the full amount of wages required by this
contract or any other contract subject to the Davis -Bacon prevailing
wage requirements that is held by the lessor.
f. Subcontracts
(3)
(1)
Facilities Department
If the lessor or any subcontractor fails to pay any laborer or
mechanic employed on the site of the work any of the wages
required by the contract, the contracting officer may, after written
notice to the lessor, suspend further payments or advances to the
lessor until violations have ceased.
(2) The lessor agrees to insert this clause, including this paragraph f,
in all subcontracts hereunder. The term "lessor" as used in this
clause in any subcontract, is deemed to refer to the lower -tier
subcontractor.
g. Compliance with Davis-Bacon and Related Acts Requirements. All
rulings and interpretations of the Davis- -Bacon Act and related acts
contained in 29 CFR Parts 1, 3, and 5 are hereby incorporated by
reference in this contract.
h. Certification of Eligibility
(1) By entering into this contract, the lessor certifies that neither it or
any person or firm having an interest in the lessor is ineligible to
be awarded contracts by virtue of section 3(a) of the Davis -Bacon
Act or 29 CFR 5.12(a)(1).
j•
--, UNITED STATES
POSTAL ,SERVICE„
( No part of this contract will be subcontracted to any person or firm
ineligible for contract award by virtue of section 3(a) of the Davis —
Bacon Act or 29 CFR 5.12(a)(1).
(3) The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
I. Contract Termination and Debarment. A breach of this Davis—Bacon
Act clause may be grounds for termination of the contract and
debarment as a supplier and subcontractor as provided in 29 CFR
5.12.
Disputes Concerning Labor Standards. Disputes arising out of the
labor standards provisions of this contract are not subject to the Claims
and Disputes clause. They will be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR Parts 5,5,
and 7. Disputes within the meaning of this clause include disputes
between the lessor (or any of its subcontractors) and the Postal
Service, the U.S. Department of Labor, or the employees or their
representatives.
H.37 Apnllcable if Listed In Block 9, Page 1
H.37 Compliance By States With Labor Standards
(Clause 9.4 ) (January 1997)
a. The supplier agrees to comply with the Contract Work Hours and
Safety Standards Act - Overtime Compensation and Davis —Bacon
Act clauses of this contract, to provide for similar compliance in
subcontracts with states or political subdivisions thereof, and to insert
the clauses in all subcontracts with private persons or firms.
H.38 Contract Work Hours and Safety Standards Act Safe
Standards
(Clause 9.1) (January 1997)
a. To the extent that the work includes construction, alteration, repair,
painting, or decorating, the lessor (for construction contracts, use
supplier" instead of "lessor) may not require any laborer or mechanic
to worts in surroundings or under conditions that are unsanitary,
hazardous, or dangerous to the laborer's or mechanic's health or
safety, as provided under standards promulgated by the Secretary of
Labor under the authority of 40 U.S.C. 333 (see 29 CFR 1910 and
1926).
b. If the lessor fails to comply with this clause, the Postal Service, at its
discretion, may cancel this contract, contract for the balance of the
work or term, and charge to the lessor any additional costs incurred.
a. 1
The lessor agrees to insert this clause, including this paragraph c, in al
subcontracts and to require its inclusion in all subcontracts at any tier
The term "lessor," as used in this clause in any subcontract, is deemed
to refer to the lower —tier subcontractor.
H.39 Equal Opportunity
(Clause 9 -7) (January 1997)
a. The supplier may not discriminate against employees or applicants
because of race, color, religion, sex, or national origin. The supplier will
take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to race,
color, religion, sex, or national origin. This action must include, but not
be limited to, employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training,
including apprenticeship. The supplier agrees to post in conspicuous
places, available to employees and applicants, notices provided by the
contracting officer setting forth the provisions of this clause.
DCFXDCO3 (January 1997) FMSW1N 2.1
ty
36
Facilities Department
b. The supplier must, in all solicitations or advertisements for employees
placed by it or on its behalf, state that all qualified applicants will be
considered for employment without regard to race, color, religion, sex,
or national origin.
c. The supplier must send to each union or workers' representative with
which the supplier has a collective bargaining agreement or other
understanding, a notice, provided by the contracting officer, advising
the union or workers' representative of the supplier's commitments
under this clause, and must post copies of the notice in conspicuous
places available to employees and applicants.
d. The supplier must comply with all provisions of Executive Order (EO)
11246 of September 24, 1965, as amended, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
e. The supplier must furnish all information and reports required by the
Executive Order, and by the rules, regulations, and orders of the
Secretary, and must permit access to the supplier's books, records,
and accounts by the Postal Service and the Secretary for purposes of
investigation to ascertain compliance with these rules, regulations, and
orders.
f. If the supplier fails to comply with this clause or with any of the said
rules, regulations, or orders, this contract may be canceled, terminated,
or suspended, in whole or in part; the supplier may be declared
ineligible for further contracts in accordance with the Executive Order;
and other sanctions may be imposed and remedies invoked under the
Executive Order, or by rule, regulation, or order of the Secretary, or as
otherwise provided by law.
The supplier must insert this clause, including this paragraph g, in all
subcontracts or purchase orders under this contract unless exempted
by Secretary of Labor rules, regulations, or orders issued under the
Executive Order. The supplier must take such action with respect to
any such subcontract or purchase order as the Postal Service may
direct as a means of enforcing the terms and conditions of this clause
(including sanctions for noncompliance), provided, however, that if the
supplier becomes involved in, or is threatened with, litigation as a
result, the supplier may request the Postal Service to enter into the
litigation to protect the interest of the Postal Service.
h. Disputes under this clause will be governed by the procedures in 41
CFR 61.1.
H.40 Affirmative Action Compliance Requirements for Construction
(Clause 94) (January 1997)
a. Definitions
9.
(1)
Covered Area. The geographical area described in the solicitation
for this contract.
( Director. Director, Office of Federal Contract Compliance
Programs (OFCCP), United States Department of Labor, or any
person to whom the Director delegates authority.
Employer Identification Number. The federal Social Security
number used on the employer's quarterly federal tax return, U.S.
Treasury Department Form 941.
(3)
UNITED STATES
lEragli POST/3L SERVICE.
(4) Minority means:
(a) American Indian or Alaskan Native (all persons having
origins in any of the original peoples of North America and
maintaining identifiable tribal affiliations through membership
and participation or community identification);
(b) Asian and Pacific Islander (all persons having origins in any
of the original peoples of the Far East, Southeast Asia, the
Indian Subcontinent, or the Pacific islands);
(c) Black (all persons having origins in any of the Black African
racial groups not of Hispanic origin); and
(d) Hispanic (all persons of Mexican, Puerto Rican, Cuban,
Central or South American, or other Spanish culture or
origin, regardless of race).
b. If the supplier, or subcontractor at any tier, subcontracts a portion of
the work involving any construction trade, each such subcontract in
excess of $10,000 must include this clause and the Notice containing
the goals for minority and female participation stated in the solicitation
for this.
c. If the supplier is participating in a Hometown Plan (41 CFR 60-4)
approved by the U.S. Department of Labor in a covered area, either
individually or through an association, its affirmative action obligations
on all work in the plan area (including goals) must comply with the plan
for those trades that have unions participating in the plan. Suppliers
must be able to demonstrate participation in, and compliance with, the
provisions of the plan. Each supplier or subcontractor participating in
an approved plan is also required to comply with its obligations under
the Equal Opportunity clause, and to make a good —faith effort to
achieve each goal under the plan in each trade in which it has
employees. The overall good —faith performance by other suppliers or
subcontractors toward a goal in an approved plan does not excuse any
supplier's or subcontractor's failure to make good —faith efforts to
achieve the plan's goals.
d. The supplier must implement the affirmative action procedures set
forth in paragraph g below. The goals stated in the solicitation for this
contract are expressed as percentages of the total hours of
employment and training of minority and female utilization that the
supplier should reasonably be able to achieve in each construction
trade in which it has employees in the covered area. If the supplier
performs construction work in a geographical area Located outside of
the covered area, it must apply the goals established for the
geographical area where that work is actually performed. The supplier
is expected to make substantially uniform progress toward its goals in
each craft.
e. Neither the terms and conditions of any collective bargaining
agreement, nor the failure by a union with which the supplier has a
collective bargaining agreement, to refer minorities or women will
excuse the supplier's obligations under this clause, Executive Order
(EO) 11246, as amended, or the regulations under the Executive
Order.
f. In order for the nonworking training hours of apprentices and trainees
to be counted in meeting the goals, apprentices and trainees must be
employed by the supplier during the training period, and the supplier
must have made a commitment to employ the apprentices and trainees
at the completion of their training, subject to the availability of
employment opportunities. Trainees must be trained pursuant to
training programs approved by the U.S. Department of Labor.
DCFXDCO3 (January 1997) FMSWIN 2.1
37
g.
Facilities Department
The supplier must take affirmative action to ensure equal employment
opportunity. The evaluation of the supplier's compliance with this
clause will be based upon its effort to achieve maximum results from its
actions. The supplier must document these efforts fully and implement
affirmative action steps at least as extensive as the following:
(1)
Ensure a working environment free of harassment, intimidation,
and coercion at all sites and in all facilities where the supplier's
employees are assigned to work. The supplier, if possible, will
assign two or more women to each construction project. The
supplier must ensure that foremen, superintendents, and other
on —site supervisory personnel are aware of and carry out the
supplier's obligation to maintain such a working environment, with
specific attention to minority or female individuals working at these
sites or facilities.
(2) Establish and maintain a current list of sources for minority and
female recruitment. Provide written notification to minority and
female recruitment sources and community organ when
the supplier or its unions have employment opportunities
available, and maintain a record of the organizations' responses.
Establish and maintain a current file of the names, addresses,
and telephone numbers of each minority and female off—the—
street applicant, referrals of minorities or females from unions,
recruitment sources, or community organizations, and the action
taken with respect to each individual. If an individual was sent to
the union hiring hall for referral and was not referred back to the
supplier by the union or, if referred back, not employed by the
supplier, this fact must be documented in the file, along with
whatever additional actions the supplier may have taken.
(4) Immediately notify the Director when the union or unions with
which the supplier has a collective bargaining agreement have not
referred back to the supplier a minority or woman sent by the
supplier, or when the supplier has other information that the union
referral process has impended the supplier's efforts to meet its
obligations.
Develop on— the—job training opportunities and/or participate in
training programs for the area that expressly include minorities
and women, including upgrading programs and apprenticeship
and trainee programs relevant to the supplier's employment
needs, especially those programs funded or approved by the
Department of Labor. The supplier must provide notice of these
programs to the sources complied under subparagraph 2 above.
(6) Disseminate the supplier's equal employment policy by:
(
(
(a)
Providing notice of the policy to unions and to training,
recruitment, and outreach programs, and requesting their
cooperation in assisting the supplier in meeting its contract
obligations;
(b) Including the policy in any policy manual and in collective
bargaining agreements;
(0) Publicizing the policy in such publications as the company
newspaper and annual report;
r UNITED STATES
POST/!L SERVICE
(d) Reviewing the policy with all management personnel and
with all minority and female employees at least one a year;
and
(e) Posting the policy on bulletin boards accessible to
employees at each location where construction work is
performed.
(7) Review, at least annually, the supplier's equal employment policy
and affirmative action obligations with all employees having
responsibility for hiring, assignment, layoff, termination, or other
employment decisions. Conduct review of this policy with all on-
site supervisory personnel before initiating construction work at a
job site. A written record must be made and maintained identifying
the time and place of these meetings, persons attending, subject
matter discussed, and disposition of the subject matter.
(8) Disseminate the supplier's equal employment policy externally by
including it in any advertising in the news media, specifically
including minority and female news media. Provide written
notification to, and discuss this policy with, other suppliers and
subcontractors which with the supplier does or anticipates doing
business.
(9) Direct recruitment efforts, both oral and written, to minority,
female, and community organizations, to schools with minority
and female students, and to minority and female recruitment and
training organizations serving the supplier's recruitment area and
employment needs. Not later than one month before the date for
acceptance of applications for apprenticeship or training by any
recruitment source, send written notification to organizations such
as the above, describing the openings, screening procedures,
and tests to be used in the selection process.
(10) Encourage present minority and female employees to recruit
minority persons and women. When feasible, provide after-
school, summer, and vacation employment to minority and female
youth both on the site and in other areas of the supplier's
workforce.
(11) Validate all tests and other selection requirements when required
under 41 CFR 60-3.
(12) Conduct, at least annually, an inventory and evaluation of all
minority and female personnel for promotional opportunities.
Encourage these employees to seek or to prepare for, through
appropriate training and other activities, opportunities for
promotion.
(13) Ensure that seniority practices, job classifications, work
assignments, and other personnel practices do not have a
discriminatory effect by continually monitoring all personnel and
employment - related activities to ensure that the supplier's
obligations under this contract are being carried out.
(14) Ensure that all facilities and company activities are nonsegregated
except that separate or single-user toilet and necessary changing
facilities shall be provided to assure privacy between the sexes.
(15) Maintain a record of solicitations for subcontracts for minority and
female construction suppliers and suppliers, including circulation
of solicitations to minority and female supplier associations and
other business associations.
(16) Conduct a review, at least annually, of all supervisors' adherence
to and performance under the supplier's equal employment policy
and affirmative action obligations.
DCFXDCO3 (January 1997) FMSWIN 2.1
38
h. The supplier is encouraged to participate in voluntary associations that
may assist in fulfilling one or more of the affirmative action obligations
contained in paragraph g above. The efforts of a supplier association,
joint supplier- union, supplier- community, or similar group of which the
supplier is a member and participant may be asserted as fulfilling one
or more of its obligations under paragraph g above, provided the
supplier:
(1)
(2) Makes every effort to ensure that the group has a positive impact
on the employment of minorities and women in the industry;
(3) Ensures that concrete benefits of the program are reflected in the
supplier's minority and female workforce participation;
(4) Makes a good -faith effort to meet its individual goals and
timetables; and
Can provide access to documentation that demonstrates the
effectiveness of actions taken on behalf of the supplier. The
obligation to comply is the supplier's, and failure of such a group
to fulfill an obligation will not be a defense for the supplier's
noncompliance.
I. A single goal for minorities and a separate single goal for women must
be established. The supplier is required to provide equal employment
opportunity and to take affirmative action for all minority groups, both
male and female, and all women, both minority and nonminority.
Consequently, the supplier may be in violation of EO 11246, if a
particular group is employed in a substantially disparate manner.
j. The supplier may not use goals or affirmative action standards to
discriminate against any person because of race, color, religion, sex, or
national origin.
k. The supplier may not enter into any subcontract with any person or firm
debarred from government contracts under EO 11246.
I. The supplier must carry out such sanctions and penalties for violation
of this clause and of the Equal Opportunity clause, including
suspension, termination, and cancellation of existing subcontracts, as
may be imposed or ordered under EO 11246, as amended, and its
implementing regulations, by the OFCCP. Any failure to carry out these
sanctions and penalties as ordered will be a violation of this clause and
EO 11246.
m. The supplier in fulfilling its obligations under this clause must
implement affirmative action procedures at least as extensive as those
prescribed in paragraph g above, so as to achieve maximum results
from its efforts to ensure equal employment opportunity. If the supplier
fails to comply with the requirements of EO 11246, the implementing
regulations, or this clause, the contracting officer will take action as
prescribed in 41 CFR 64.8.
n. The supplier must designate a responsible official to:
(1) Monitor all employment - related activity to ensure that the
supplier's equal employment policy is being carded out;
(5)
Actively participates in the group;
Facilities Department
(2) Submit reports as may be required; and
UNITED STATES'
POSTAL SERVICE
(3)
Keep records that at least include for each employee the name,
address, telephone number, construction trade, union affiliation (if
any), employee identification number, social security number,
race, sex, status (mechanic, apprentice, trainee, helper, or
laborer), dates of changes in status, hours worked per week in the
indicated trade, rate of pay, and locations at which the work was
performed. Records must be maintained in an easily
understandable and retrievable form; however, to the degree that
existing records satisfy this requirement, separate records are not
required to be maintained.
0. Nothing contained in this clause may be construed as a limitation upon
the application of other laws that establish different standards of
compliance or upon the requirements for the hiring of local or other
area residents (for example, those under the Public Works
Employment Act of 1 977 and the Community Development Block Grant
Program).
H.41 Equal Opportunity Preaward Compliance of Subcontracts
(Clause 9-9) (January 1997)
The supplier may not enter into a first —tier subcontract for an estimated or
actual amount of $1 million or more without obtaining in writing from the
contracting officer a clearance that the proposed subcontractor is in
compliance with equal opportunity requirements and therefore eligible for
award.
H.42 Affirmative Action for Handicapped Workers
(Clause 9 -13) (January 1997)
a. The supplier may not discriminate against any employee or applicant
because of physical or mental handicap, in regard to any position for
which the employee or applicant is qualified. The supplier agrees to
take affirmative action to employ, advance in employment, and
otherwise treat qualified handicapped individuals without discrimination
in all employment practices, such as employment, upgrading, demotion
or transfer, recruitment, advertising, layoff or termination, rates of pay
or other forms of compensation, and selection for training (including
apprenticeship).
b. The supplier agrees to comply with the rules, regulations, and relevant
orders of the Secretary of Labor issued pursuant to the Rehabilitation
Act of 1973, as amended.
c. in the event of the supplier's noncompliance with this clause, action
may be taken in accordance with the rules and regulations and relevant
orders of the Secretary of Labor.
d. The supplier agrees to post in conspicuous places, available to
employees and applicants, notices in a form to be prescribed by the
Director, Office of Federal Contract Compliance Programs, provided by
or through the contracting officer. These notices state the supplier's
obligation under the law to take affirmative action to employ and
advance in employment qualified handicapped employees and
applicants, and the rights of applicants and employees.
e. The supplier must notify each union or worker's representative with
which it has a collective bargaining agreement or other understanding
that the supplier is bound by the terms of section 503 of the Act and is
committed to taking affirmative action to employ, and advance in
employment, handicapped individuals,
f. The supplier must include this clause in every subcontract or purchase
order over $2,500 under this contract unless exempted by rules,
regulations, or orders of the Secretary issued pursuant to section 503
of the Act, so its provisions will be binding upon each subcontractor or
DCFXDCO3 (January 1997) FMSWIN 2.1
39
Facilities Department
vendor. The supplier must take such action with respect to any
subcontract or purchase order as the Director of the Office of Federal
Contract Compliance Programs may direct to enforce these provisions,
including action for noncompliance.
H.43 Affirmative Action for Disabled Veterans and Veterans of the
Vietnam Era
(Clause 9_14) (January 1997)
a. The supplier may not discriminate against any employee or applicant
because that employee or applicant is a disabled veteran or veteran of
the Vietnam era, in regard to any position for which the employee or
applicant is qualified. The supplier agrees to take affirmative action to
employ, advance in employment, and otherwise treat qualified disabled
veterans and veterans of the Vietnam era without discrimination in all
employment practices, such as employment, upgrading, demotion or
transfer, recruitment, advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for training (including
apprenticeship).
. The supplier agrees to list all employment openings which exist at the
time of the execution of this contract and those which occur during the
performance of this contract, including those not generated by this
contract and including those occurring at an establishment of the
supplier other than the one where the contract is being performed, but
excluding those of independently operated corporate affiliates, at an
appropriate local office of the state employment service where the
opening occurs. State and local goverment agencies holding Postal
Service contracts of $10,000 or more will also list their openings wtth
the appropriate office of the state employment service.
c. Listing of employment openings with the employment service system
will be made at least concurrently with the use of any recruitment
source or effort and will involve the normal obligations attaching to the
placing of a bona fide job order, including the acceptance of referrals of
veterans and nonveterans. The listing of employment openings does
not require the hiring of any particular applicant or hiring from any
particular group of applicants, and nothing herein is intended to relieve
the supplier from any other requirements regarding nondiscrimination
in employment.
d. Whenever the supplier becomes contractually bound to the listing
provisions of this clause, it must advise the employment service system
in each state where it has establishments of the name and location of
each hiring location in the state. The supplier may advise the state
system when it is no longer bound by this clause.
e. Paragraphs b, c, and d above do not apply to openings the supplier
proposes to fill from within its own organization or under a customary
and traditional employer /union hiring arrangement. But this exclusion
does not apply to a particular opening once the supplier decides to
consider applicants outside its own organization or employer /union
arrangements for that opening.
f. Definitions
(1) All Employment Openings. This includes all positions except
executive and top management, those positions that will be filled
from within the supplier's organization, and positions lasting three
days or less. This also includes full —time
J.
g.
71 UNITED STATES
POSTAL SERVICE,
employment, temporary employment of more than three days
duration, and part --time employment. Under the most compelling
circumstances, an employment opening may not be suitable for
listing, including situations in which the needs of the Postal
Service cannot reasonably be otherwise supplied, when listing
would be contrary to national security. or when listing would not
be in the best interest of the Postal Service.
(2) Appropriate Office of the State Employment Service. This means
the local office of the federal/state national system of public
employment offices with assigned responsibility for serving the
area where the employment opening is to be filled, including the
District of Columbia, Guam, the Commonwealth of Puerto Rico,
and the Virgin Islands.
Positions That Will be Filled From Within the Supplier's Own
Organization. This means employment openings for which no
consideration will be given to persons outside the supplier's
organization (including any affiliates, subsidiaries and parent
companies) and includes any openings which the supplier
proposes to fill from regularly established recall lists.
(4) Openings the Supplier Proposes to Fill Under a Customary and
Traditional Employer /Union Hiring Arrangement. Employment
openings the supplier proposes to fill from union halls as part of
the customary and traditional hiring relationship existing between
it and representatives of its employees.
The supplier agrees to comply with the rules, regulations, and relevant
orders of the Secretary of Labor issued pursuant to the Vietnam Era
Veterans Readjustment Assistance Act of 1972, as amended.
h. In the event of the supplier's noncompliance with this clause, action
may be taken in accordance with the rules, regulations, and relevant
orders of the Secretary.
i. The supplier agrees to post in conspicuous places, available to
employees and applicants, notices in a form to be prescribed by the
Director, Office of Federal Contract Compliance Programs, provided by
or through the contracting officer. These notices state the supplier's
obligation under the law to take affirmative action to employ and
advance in employment qualified disabled veterans and veterans of the
Vietnam era, and the rights of applicants and employees.
The supplier must notify each union or workers' representative with
which it has a collective bargaining agreement or other understanding
that the supplier is bound by the terms of the Act and is committed to
taking affirmative action to employ, and advance in employment,
qualified disabled veterans and veterans of the Vietnam era.
k. The supplier must include this clause in every subcontract or purchase
order of $1 0,000 or more under this contract unless exempted by rules,
regulations, or orders of the Secretary issued pursuant to the Act, so
its provisions will be binding upon each subcontractor or vendor. The
supplier must take such action with respect to any subcontract or
purchase order as the Director of the Office of Federal Contract
Compliance Programs may direct to enforce these provisions, including
action for noncompliance.
H.44 Handling Asbestos Insulation
(Clause FB -273) (March 1989)
Prior to the start of the work, the Postal Service will attempt to locate and
remove any asbestos insulation that may be affected by the repair and
alteration project. However, notwithstanding performance of this work, the
Contractor shall fully comply with the following requirements concerning any
suspected asbestos materials potentially affected by performance of this
work:
(3)
CCFXDCO3 (January 1997) FMSWIN 2.1
40
Facilities Department
(a) The Contractor shall assume that all insulation encountered in the
performance of the work contains asbestos, unless otherwise advised
by the Contracting Officer. Under no circumstances shall the
Contractor remove, cut, damage, or otherwise disturb any potential
asbestos insulation during the performance of work.
(b) Any questions or ambiguities 'concerning where asbestos is located
should immediately be brought to the attention of the Contracting
Officer.
(c) When asbestos insulation is identified and requires removal,
encapsulation or other protection, such removal, encapsulation or other
protection will be performed only by a qualified, independent asbestos
removal Contractor approved in writing by the Contracting Officer.
a UNITED STATES
POSTAL SERVICE,
Section I-List Of Attachments
1. Wage Rate Decision #MN990007(25 Pages)
2. Schedule of Values-Incorporated in Technical Specs-(3 Pages)
3. Notice of Requirements for Quality Opportunity Affirmative Action
Reference Provision 9-5 Explanation and Form (1 Page)
TO BE SUBMITTED WITH OFFER
4. Small, Minority and Women-Owned Business Subcontracting Requirements
Reference Clause 3-2 Instructions and Form - 2 Pages
TO BE COMPLETED BY SUCCESSFUL CONTRACTOR
5. Asbestos Certification-Incorporated in Technical Specs-(1 Page)
(To be completed by successful contractor)
CERTIFICATION ON ASBESTOS CONTAINING
MATERIALS AND LEAD-BASED PAINT: Prior to
acceptance of the building the Contractor is to provide
a signed CERTIFICATION ON ASBESTOS CONTAINING
MATERIALS AND LEAD-BASED PAINT IN A
BUILDING. A copy of the form is attached.
Failure to provide an executed certification will delay acceptance
of the project by the Contracting Officer and final payment.
6. Specifications (+/-500 Pages)
7. Drawings (48 Sheets)
DCFXDCO3 (January 1997) FMSININ 2.1
41
Facilities Department
1
0
Part 3- Solicitation Provisions
Section J- Instructions To Offerors
J.1 Type Of Contract
(Provision 2-8) (January 1997)
The Postal Service plans to award a Firm - Fixed -Price type of contract under
this solicitation, and all proposals must be submitted on this basis. Alternate
proposals based on other contract types WILL NOT be considered.
42 Applicable If Listed In Block 9, Page 1
J.2 Preproposal Conference
(Provision 4-8) (January 1997)
a. The Postal Service is planning a preproposal conference during which
potential Contractors may obtain a better understanding of the work
required.
b. Prospective offerors are strongly urged to visit this site during the
conference to inform themselves fully about the location and conditions
under which the work is to be performed.
c. Offerors are encouraged to submit all questions in writing at least five
(5) calendar days before the conference. Questions will be considered
at any time during the conference; however, offerors will be asked to
confirm oral questions in writing. Subsequent to the conference, the
Postal Service will distribute a written record of the conference to all
prospective offerors that received the solicitation. If any clarifications
arising from the conference constitute changes, an amendment to the
solicitation will be issued.
d. In order to facilitate conference preparations it is requested that the
person named on the cover form of this solicitation be contacted and
advised of the number of persons who will attend.
e. The Postal Service assumes no responsibility for any expense incurred
by an offeror prior to contract award.
f. Offerors are cautioned that, notwithstanding any remarks or
clarifications given at the conference, all terms and conditions of the
solicitation remain unchanged unless changed by amendment. If the
answers to the conference questions, or any solicitation amendment,
create ambiguities, it is the responsibility of the offeror to seek
clarification before submitting an offer.
The conference will be held:
Date:
Time:
Location:
J.3 Information On "Equal" Products
(Provision OA -1) (June 1988)
Offerors proposing to furnish an "equal" product, in accordance with the
Brand Name or Equal provision of this solicitation, must provide the following
information for the offered product:
a. Item Number:
b. Manufacturer's Name:
c. Address:
d. Product Name (if any):
e. Product Make, Model, or Catalog Description:
g •
UNITED STATES
POSTAL SERVICE
DCFXDCO3 (January 1997) FMSWIN 2.1
42
Facilities Department
J.4 Applicable !f Listed In Block 9. Pace 1
JA Submission Of Proposals
(Provision OA -15) (September 1995)
All proposals shall be packaged separately and submitted in the formats and
quantities specified below:
a. Offer and Award Form:
One ( originally signed and 0 additional copies.
Technical and Solicitation Management Proposal:
One (1) original and 0 additional copies.
0. Price Proposal:
One (1) original and 0 additional copies.
J.5 Submission Of Financial Statements
(Provision OA -27) (October 1997)
Specific reference is made to Section K, Provision 4-9, Preparation of
Proposals.
For the purpose of this requirement, the term "current financial statement" is
defined as the data which includes both the audited Balance Sheet and
audited Income Statement covering each of the offerors immediate past two
fiscal years together with an interim report to as near the submission date as
possible. These guidelines are to be observed:
a. Statements shall be prepared in accordance with "Generally Accepted
Accounting Principles."
b. Statement shall include all required Notes to the Financial Statements.
c. Fiscal Year statements must be certified by an opinion statement on
the fairness of the presentation after a review by independent auditors.
d. The most recent financial statement, if not a Fiscal Year statement,
must be certified by either a company officer as to accuracy and
veracity, or by an opinion statement on the fairness of the presentation
after review by independent auditors.
e. The Income Statements must incorporate or have attached "Schedule
of Cost of Goods Sold." This schedule must reflect Direct Materials,
Direct Labor, and Overhead used to compute the cost of goods sold
amount.
It may become necessary for the offeror to submit additional financial
information prior to award.
Financial information received will be treated as confidential and will not be
used for purposes other than evaluation of financial responsibility.
Section K- Solicitation Notices And Provisions
K.1 Submission Of Proposals
(Provision A -2) (January 1997)
a. Proposals and proposal modifications must be submitted in sealed
envelopes or packages:
(1) Addressed to the office specified in the solicitation; and
(2) Showing the time specified for receipt, the solicitation number,
and the name and address of the offeror.
r .., UNITED STATES
OM POSTAL SERVICE
. Electronic or facsimile transmission of proposals will not be considered
unless authorized by this solicitation.
K.2 Modification Or Withdrawal Of Proposals
(Provision A .3) (January 1997)
• Proposals may be modified by written notice, electronic or facsimile
transmission if received at the office specified in the solicitation before
the time specified for receipt of proposals.
. Proposals may be withdrawn by written notice, electronic or facsimile
transmission if received at the office specified in the solicitation any
time before award. Proposals may be withdrawn in person by an offeror
or an authorized representative, if the representative's identity is made
known and the representative signs a receipt for the proposal before
award.
Facilities Department
whole or in part, for any purpose other than to evaluate this proposal. If,
however, a contract is awarded to this offeror as a result of, or In
connection with, the submission of such data, the Postal Service will
have the right to duplicate, use, or disclose the data to the extent
provided in the resulting contract. This restriction does not limit the
Postal Service's right to use the information contained in the data if it is
obtained from another source without restriction. The data subject to
this restriction are contained sheets [Offeror insert numbers or other
identification of sheets)."
b. Mark each sheet of data they wish to restrict with the following legend:
"Use or disclosure of data contained on this sheet is subject to the
restriction on the title page of this proposal."
K.7 Award Without Discussion
(Provision A -9) (January 1997)
The Postal Service may award a contract on the basis of initial proposals
received, without discussions. Therefore, each initial proposal should
contain the offeror's best terms from a cost or price and technical
standpoint.
K.8 Postal- Furnished Property Or Services
(Provision A -12) (January 1997)
No property or services will be furnished by the Postal Service unless
specifically provided for in the solicitation.
K.9 Labor Information
(Provision A -13) (January 1997)
General information regarding the requirements of the Walsh-Healey Public
Contracts Act (41 U.S.C. 35 -45), the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327 -333), and the Service Contract Act of 1965
(41 U.S.C. 351 et seq.) may be obtained from the
DEPARTMENT OF LABOR
200 CONSTITUTION AVENUE NW
WASHINGTON DC 2021 0-0999
K.3 Late Submissions And Modifications Of Proposals
(Provision A-4) (January 1997)
Any proposal or modification of a proposal received at the office designated
in the solicitation after the exact time specified for receipt will not be
considered unless it is received before award is made and:
a. It is the only proposal received; or
b. Consideration of the proposal is determined by the contracting officer
to be in the Postal Service's interest.
K.4 Acknowledgment Of Solicitation Amendments
(Provision A-5) (January 1997)
a. Offerors must acknowledge receipt of any amendment to this
solicitation:
(1) By signing and returning the amendment;
(2) By identifying the amendment number and date In the space
provided for this purpose on the solicitation form; or
(3) By letter, electronic or facsimile transmission.
b. Acknowledgments of amendments are subject to the Late Submissions
and Modifications of Proposals provision of the solicitation. Proposals
lacking acknowledgment of an amendment affecting price, quantity,
quality, or delivery may be disregarded.
K.6 Explanation To Prospective Offerors
(Provision A-6) (January 1997)
Any prospective offeror desiring an explanation or interpretation of the
solicitation, drawings, or specifications must request it in writing soon
enough to allow a reply to reach all prospective offerors before the
submission of their proposals. Oral explanations or instructions will
not be binding. Any information given to a prospective offeror
concerning a solicitation will be fumished promptly to all other
prospective offerors as an amendment of the solicitation, if that
information is necessary in submitting offers or if the lack of it would
be prejudicial to any other prospective offerors.
K.6 Restriction On Disclosure And Use Of Data
(Provision A -7) (January 1997)
Offerors that include in their proposals data they do not want used or
disclosed by the Postal Service for any purpose other than proposal
evaluation may take the following steps:
a. Mark the title page with the following legend:
"This proposal contains data that may not be duplicated, used, or
disclosed outside the Postal Service and may not be duplicated, in
DCFXDCO3 (January 1997) FMSWIN 2.1
43
or from any regional office of that agency.
K.1O Failure To Submit Proposal
(Provision A -14) (January 1997)
Recipients of this solicitation not responding with a proposal should not
return this solicitation, unless it specifies otherwise. Instead, they should
advise the issuing office by letter or postcard whether they want to receive
future solicitations for similar requirements. If a recipient does not submit a
proposal and does not notify the issuing office that future solicitations are
desired, the recipient's name may be removed from the applicable mailing
list. Failure to submit a proposal in response to five consecutive solicitations
for the same or similar requirements will result in removal from the mailing
list, notwithstanding any written request for receipt of future solicitations; a
new solicitation mailing list application must be filed to obtain reinstatement.
K.11 Protests
(Provision A -15) (January 1997)
Protest will be considered only if submitted in accordance with the time limits
and procedures provided in chapter 3 of the USPS Purchasing Manual. A
copy of the protest procedures may be obtained from the office issuing the
solicitation.
.� UNITED STATES
Craig POSTAL SERVICE
10.12 Applicable If listed In Block 9, Page 1
K.12 Telegraphic Proposals
(Provision A -17) (January 1997)
a, Offerors may submit electronic or facsimile transmission responses to
this solicitation. These responses must be received at the offices
specified in the solicitation by the time specified for receipt of
proposals.
b. Electronic or facsimile transmission responses must refer to this
solicitation and include the items or sub - items, quantities, unit prices,
time and place of delivery, all representations and other information
required by this solicitation, and a statement specifying the extent of
agreement with all the terms, conditions, and provisions of the
solicitation.
c. Offerors must promptly sign and submit complete copies of their
proposals in confirmation of their electronic or facsimile transmission
responses.
The term electronic responses," as used in the provision, include
telegrams.
K.13 Contractor Screening Requirements
(Provision 14) (January 1997)
The contract resulting from this solicitation will require the contractor or its
employees (including subcontractors and their employees) to have access to
occupied postal facilities, and/or to postal information and resources
(including postal computer systems). Clearance in accordance with
Administrative Support Manual 272.3 will be required before that access will
be permitted. It is the contractor's obligation to obtain and supply to the
Postal Service the forms and information required by that regulation.
Offerors must familiarize themselves with the requirements of that section
taking into account in their offices the time and paperwork associated with
the screening.
K.14 Prohibition Against Contracting with Former Officers or PCES
Executives
(Provision 1-6) (January 1997)
The offeror represents that former Postal Service officers or Postal Career
Executive Service (PCES) executives will not be employed as key personnel,
experts or consultants in the performance of the contract if such individuals,
within five years of their retirement from the Postal Service, will be
performing substantially the same duties as they performed during their
career with the Postal Service. In addition, no contract resulting from this
solicitation may be awarded to such individuals or entities in which they have
a substantial interest, for five years after their retirement from the Postal
Service, if the work called for in the solicitation requires such individuals to
perform substantially the same duties as they performed during their career
with the Postal Service.
d.
K.15 Brand Name Or Equal
(Provision 24) (January 1997)
a. One or more items called for by this solicitation have been identified in
the Schedule by a brand - name -or -equal product description. Proposals
offering equal products will be considered for award if these products
are clearly identified and are determined by the Postal Service to
contain all of the essential characteristic of the brand -name products
referenced in the solicitation.
b. Unless the offeror clearly indicates in the proposal that the proposal is
for an equal product, the proposal will be considered as offering a
brand -name product referenced in the solicitation.
DCFXDCO3 (January 1997) FMSWIN 2.1
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44
Facilities Department
c. If the offeror proposes to furnish an equal product, the brand name and
model or catalog number, if any, of the product to be furnished must be
inserted in the space provided in the solicitation. The evaluation of
proposals and the determination as to equality of the product offered
will be based on information furnished by the offeror or identified in the
proposal, as well as other information reasonably available to the
purchasing activity. The purchasing activity is not responsible for
locating or obtaining any information not identified in the proposal and
reasonably available to the purchasing activity. Accordingly, to ensure
that sufficient information is available, the offeror must furnish as a part
of the proposal
1. All descriptive material (such as cuts, illustrations, drawings, or
other information) necessary for the purchasing activity to
establish exactly what the offeror proposes to furnish and to
determine whether the product offered meets the requirements of
the solicitation; or
2. Specific references to information previously furnished or to
information otherwise available to the purchasing activity to permit
a determination as to equality of the product offered.
d. If the offeror proposes to modify a product so as to make it conform to
the requirements of the solicitation, the offeror must
1. Include in the proposal a clear description of the proposed
modifications; and
2. Clearly mark any descriptive material to show the proposed
modifications.
1<.16 Applicable If Contract Exceeds $1,000,000
K.16 Notice Of Small, Minority - Owned, And Woman -Owned
Business
(Provision 34) (January 1997)
All offerors, except small businesses, must submit with their proposals the
subcontracting plan required by the Clause 3-2, Small, Minority, and
Women -owned Business Subcontracting Requirements.
K.17 Preparation of Proposals (Construction)
(Provision 4 9) (January 1997)
a. Offerors are expected to examine the drawings, specifications, and all
provisions and instructions. Failure to do so will be at the offeror's risk.
b. Each offeror must furnish the information required by the solicitation.
The offeror must sign the proposal and print or type its name on the
proposal and each continuation sheet on which it makes an entry.
Erasures or other changes must be initialed by the person signing the
proposal.
0. Time, if stated as a number of days, will include Saturdays, Sundays,
and federal holidays.
K.18 Applicable if Contract Exceeds $25.
K.18 Performance Bond Requirements
(Provision 7 -1) (January 1997)
a. Any offeror selected for award of a contract as a result of this
solicitation will be required to submit a performance bond in a penal
amount equal to 100 percent of the contract price, within the time
specified by the contracting officer.
.� UNITED STATES
ffralli POST/SL SERVICE
b. The bond must be executed on the Postal Service forms attached to
this solicitation, and sureties must be acceptable to the Postal Service.
Corporate sureties must appear on the list in Treasury Circular 570,
and the amount of the bond may not exceed the underwriting limit
stated for the surety on that list.
c. Contract award will not be made until both an executed performance
and payment bonds (see Provision 7 -2) are received by the contracting
officer.
K. /9 Applicable If Contract Exceeds $25.000
K.19 Payment Bond Requirements
(Provision 7 -2) (January 1997)
a. Any offeror selected for award of a contract as a result of this
solicitation will be required to submit a payment bond in the penal
amount set forth in the Schedule, within the time required by the
contracting officer.
b. The bond must be executed on the Postal Service forms attached to
this solicitation, and sureties must be acceptable to the Postal Service.
Corporate sureties must appear on the list in Treasury Circular 570,
and the amount of the bond may not exceed the underwriting limit
stated for the surety on that list.
c. Contract award will not be made until both an executed payment and
performance bonds (see Provision 7 -1) are received by the contracting
officer.
K 20 Appl icable If ontract Exceeds 25000
K.20 Deposit of Assets Requirements
(Provision 7-4) (January 1997)
a. Except for payment bonds required for construction contracts, any
offeror required to submit a surety bond as a result of this solicitation
may instead deposit assets in a form acceptable to the Postal Service
in an amount set forth in the Schedule.
b. When assets are deposited, the offeror must execute the Postal
Service bond form made a part of this solicitation. Failure to deposit
assets acceptable to the Postal Service may be cause for termination
of the contract for default.
10.21 �4,pllcable ff Contract exceeds 70 0
K.21 Notice Of Requirements For Equal Opportunity Affirmative
Action
(Provision 9.5) (January 1997)
a. The offerors attention is called to the Equal Opportunity clause and the
Affirmative Action Compliance Requirements for Construction clause.
b. The goals for minority and female participation, expressed in
percentage terms for the supplier's aggregate workforce in each trade
on all construction work in the covered area, are as follows:
Goals for minority participation for each trade:2.90%
Goals for female participation for each trade: 6.9%
c. These goals apply to all the supplier's construction work performed in
the covered area. If the supplier performs construction work in a
geographical area located outside the covered area, the supplier must
apply the goals established for the geographical area where the work is
actually performed. Goals are published periodically in the Federal
Register in notice form, and these notices may be obtained from the
Office of Federal Contract Compliance Programs (OFCCP).
DCFXDCO3 (January 1997) FMSWIN 2.1
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Facilities Department
d. The supplier's compliance with Executive Order 11246, as amended,
aid the regulations in 41 CFR 60-4 must be based on (1) its
implementation of the Equal Opportunity clause, (2) specific affirmative
action obligations required by the Affirmative Action Compliance
Requirements for Construction clause, and (3) its efforts to meet the
goals. The hours of minority and female employment and training must
be substantially uniform throughout the length of the contract, and in
each trade. The supplier must make a good-faith effort to employ
minorities and women evenly on each of its projects. The transfer of
minority or female employees or trainees from supplier to supplier, or
from project to project, for the sole purpose of meeting the supplier's
goals will be a violation of the contract, Executive Order 11246, as
amended, and the regulations in 41 CFR 60-4. Compliance with the
goals will be measured against the total work hours performed.
e. The supplier must provide written notification to the Director, OFCCP,
within ten working days following award of any construction
subcontract in excess of $10,000 at any tier for construction work
under the contract resulting from this solicitation. The notification must
list the:
(1) Name, address, telephone number, and employer's identification
number of the subcontractor;
(2) Estimated dollar amount of the subcontract;
(3) Estimated starting and completion dates of the subcontract; and
(4) Geographical area in which the subcontract is to be performed.
f. As used in this notice, and in any contract resulting from this
solicitation, the covered area is WASHINGTON County .
IC22 Applicable if Listed In Block 9, Page 1
K.22 Postaward Orientation Conference
(Provision OA-6) Alternate l (March 1989)
The Postal Service may require the successful offeror to attend a
post -award conference. if required, it will be scheduled and held prior
to the start of contract performance.
K.23 Access To Postal Building
(Provision OA -12) (March 1989)
If the location specified on this cover sheet for the receipt of
proposals is within a controlled access building and if it is intended to
hand carry the proposal, prior arrangements for access should be
made by contacting the individual specified on the cover sheet of this
solicitation at least one work day prior to the date that access is
required. If prior arrangements are not made, the offeror must allow at
least 30 minutes to process through a security checkpoint. It is the
offerors responsibility to ensure that proposals are delivered by the
due date and time specified in the solicitation.
K.24 Notice Of Preaward Survey
(Provision OA-34) (June 1994)
a. Offerors are advised that the Postal Service may contact prospective
Contractors, and the Contractor's references to determine the
Contractors capabilities to perform the work specified in this
solicitation. In addition to obtaining and evaluating performance
references, financial statements, and credit rating checks, the Postal
Service may visit a prospective Contractors
qualification
or services, the
only the proposals of
appear, on the approved
list, or qualified offerors list
he effective date of this solicitation.
ntracting Officer to be in the Postal
, this procurement will not be delayed in order to
e opportunity to meet standards specified for
partment
mr:. „-_ - 4111 UNITED STATES
POST/SL SERVICE
facilities to perform reviews or may ask for additional written
information. Offerors will be advised of specific areas of interest prior to
any site visit.
b. Offerors are also advised that accomplishment of this survey is a part
of the evaluation process and is not an indication that an offeror will
receive an award.
K25 Anallcable If Listed In Black 9, Page 1
K.25 Prequalified Sources Or Service Suppliers And Approved
Products
(Provision 0A-38) (June 1988)
b.
This solicitation identifies supplies or services to which a
requirement applies. With respect to those supplies
Contracting Officer reserves the right to consider
offerors who appear, or whose products
products list, qualified manufacturers
appropriate to this solicitation as of
Unless determined by the C
Service's best interests
provide an offeror t
qualification.
DCFXDCO3 (January 1997) FMSWIN 2.1
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46
Facilities De