Defense_Federal Acquisition Regulation Supplement (DFARS) Part 236, Construction and Architect-Engineer Contracts, and related clauses at 252.236

OMB No. 0704-0255

TAB B

252.236-7000 Modification Proposals--Price Breakdown.

As prescribed in 236.570(a), use the following clause:

 

MODIFICATION PROPOSALS--PRICE BREAKDOWN (DEC 1991)

 

(a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the Contracting Officer, with any proposal for a contract modification.

 

(b) The price breakdown—

 

(1) Must include sufficient detail to permit an analysis of profit, and of all costs for—

 

(i) Material;

 

(ii) Labor;

 

(iii) Equipment;

 

(iv) Subcontracts; and

 

(v) Overhead; and

 

(2) Must cover all work involved in the modification, whether the work was deleted, added, or changed.

 

(c) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.

 

(d) The Contractor's proposal shall include a justification for any time extension proposed.

 

(End of clause)

252.236-7002 Obstruction of Navigable Waterways.

As prescribed in 236.570(b)(1), use the following clause:

 

OBSTRUCTION OF NAVIGABLE WATERWAYS (DEC 1991)

 

(a) The Contractor shall—

 

(1) Promptly recover and remove any material, plant, machinery, or appliance which the contractor loses, dumps, throws overboard, sinks, or misplaces, and which, in the opinion of the Contracting Officer, may be dangerous to or obstruct navigation;

 

(2) Give immediate notice, with description and locations of any such obstructions, to the Contracting Officer; and

 

(3) When required by the Contracting Officer, mark or buoy such obstructions until the same are removed.

 

(b) The Contracting Officer may—

 

(1) Remove the obstructions by contract or otherwise should the Contractor refuse, neglect, or delay compliance with paragraph (a) of this clause; and

 

(2) Deduct the cost of removal from any monies due or to become due to the Contractor; or

 

(3) Recover the cost of removal under the Contractor's bond.

 

(c) The Contractor's liability for the removal of a vessel wrecked or sunk without fault or negligence is limited to that provided in Sections 15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 410 et.seq.).

 

(End of clause)

252.236-7003 Payment for Mobilization and Preparatory Work.

As prescribed in 236.570(b)(2), use the following clause:

 

PAYMENT FOR MOBILIZATION AND PREPARATORY WORK (JAN 1997)

 

(a) The Government will make payment to the Contractor under the procedures in this clause for mobilization and preparatory work under item no. ____________________.

 

(b) Payments will be made for actual payments by the Contractor on work preparatory to commencing actual work on the construction items for which payment is provided under the terms of this contract, as follows—

 

(1) For construction plant and equipment exceeding $25,000 in value per unit (as appraised by the Contracting Officer at the work site) acquired for the execution of the work;

 

(2) Transportation of all plant and equipment to the site;

 

(3) Material purchased for the prosecution of the contract, but not to be incorporated in the work;

 

(4) Construction of access roads or railroads, camps, trailer courts, mess halls, dormitories or living quarters, field headquarters facilities, and construction yards;

 

(5) Personal services; and

 

(6) Hire of plant.

 

(c) Requests for payment must include—

 

(1) An account of the Contractor's actual expenditures;

 

(2) Supporting documentation, including receipted bills or copies of payrolls and freight bills; and

 

(3) The Contractor's documentation—

 

(i) Showing that it has acquired the construction plant, equipment, and material free from all encumbrances;

 

(ii) Agreeing that the construction plant, equipment, and material will not be removed from the site without the written permission of the Contracting Officer; and

 

(iii) Agreeing that structures and facilities prepared or erected for the prosecution of the contract work will be maintained and not dismantled prior to the completion and acceptance of the entire work, without the written permission of the Contracting Officer.

 

(d) Upon receiving a request for payment, the Government will make payment, less any prescribed retained percentage, if—

 

(1) The Contracting Officer finds the—

 

(i) Construction plant, material, equipment, and the mobilization and preparatory work performed are suitable and necessary to the efficient prosecution of the contract; and

 

(ii) Preparatory work has been done with proper economy and efficiency.

 

(2) Payments for construction plant, equipment, material, and structures and facilities prepared or erected for prosecution of the contract work do not exceed—

 

(i) The Contractor's cost for the work performed less the estimated value upon completion of the contract; and

 

(ii) 100 percent of the cost to the contractor of any items having no appreciable salvage value; and

 

(iii) 75 percent of the cost to the contractor of items which do have an appreciable salvage value.

 

(e)(1) Payments will continue to be made for item no. _____________, and all payments will be deducted from the contract price for this item, until the total deductions reduce this item to zero, after which no further payments will be made under this item.

 

(2) If the total of payments so made does not reduce this item to zero, the balance will be paid to the Contractor in the final payment under the contract.

 

(3) The retained percentage will be paid in accordance with the Payments to Contractor clause of this contract.

 

(f) The Contracting Officer shall determine the value and suitability of the construction plant, equipment, materials, structures and facilities. The Contracting Officer's determinations are not subject to appeal.

 

(End of clause)

252.236-7004 Payment for Mobilization and Demobilization.

As prescribed in 236.570(b)(2), use the following clause:

 

PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

 

(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item.

 

(1) ______ percent of the lump sum price upon completion of the contractor's mobilization at the work site.

 

(2) The remaining ______ percent upon completion of demobilization.

 

(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in paragraphs (a)(1) and (2) of this clause do not bear a reasonable relation to the cost of the work in this contract.

 

(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of—

 

(i) Actual mobilization costs at completion of mobilization;

 

(ii) Actual demobilization costs at completion of demobilization; and

 

(iii) The remainder of this item in the final payment under this contract.

 

(2) The Contracting Officer's determination of the actual costs in paragraph (b)(1)of this clause is not subject to appeal.

 

(End of clause)

252.236-7010 Overseas Military Construction--Preference for United States Firms.

As prescribed in 236.570(c)(1), use the following provision:

 

OVERSEAS MILITARY CONSTRUCTION--PREFERENCE FOR

UNITED STATES FIRMS (JAN 1997)

 

(a) Definition. “United States firm,” as used in this provision, means a firm incorporated in the United States that complies with the following:

 

(1) The corporate headquarters are in the United States;

 

(2) The firm has filed corporate and employment tax returns in the United States for a minimum of 2 years (if required), has filed State and Federal income tax returns (if required) for 2 years, and has paid any taxes due as a result of these filings; and

 

(3) The firm employs United States citizens in key management positions.

 

(b) Evaluation. Offers from firms that do not qualify as United States firms will be evaluated by adding 20 percent to the offer.

 

(c) Status. The offeror ______ is, ______ is not a United States firm.

 

(End of provision)

252.236-7012 Military Construction on Kwajalein Atoll--Evaluation Preference.

As prescribed in 236.570(c)(2), use the following provision:

 

MILITARY CONSTRUCTION ON KWAJALEIN ATOLL--EVALUATION PREFERENCE (MAR 1998)

 

(a) Definitions. As used in this provision¾

 

(1) “Marshallese firm” means a local firm incorporated in the Marshall Islands, or otherwise legally organized under the laws of the Marshall Islands, that¾

 

(i) Is more than 50 percent owned by citizens of the Marshall Islands; or

 

(ii) Complies with the following:

 

(A) The firm has done business in the Marshall Islands on a continuing basis for not less than 3 years prior to the date of issuance of this solicitation;

 

(B) Substantially all of the firm’s directors of local operations, senior staff, and operating personnel are resident in the Marshall Islands or are U.S. citizens; and

 

(C) Most of the operating equipment and physical plant are in the Marshall Islands.

 

(2) “United States firm” means a firm incorporated in the United States that complies with the following:

 

(i) The corporate headquarters are in the United States;

 

(ii) The firm has filed corporate and employment tax returns in the United States for a minimum of 2 years (if required), has filed State and Federal income tax returns (if required) for 2 years, and has paid any taxes due as a result of these filings; and

 

(iii) The firm employs United States citizens in key management positions.

 

(b) Evaluation. Offers from firms that do not qualify as United States firms or Marshallese firms will be evaluated by adding 20 percent to the offer, unless application of the factor would not result in award to a United States firm.

 

(c) Status. The offeror is ______ a United States firm; ______ a Marshallese firm; _______ Other.

 

(End of provision)

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