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IRAQ Re-Constructions Tenders & Projects

CONTRACT AND GRANT PROCEDURES

APPLICABLE TO VESTED AND SEIZED IRAQI PROPERTY AND

DEVELOPMENT FUND FOR IRAQ

Standard Terms and Conditions for Solicitations and Contracts in Excess of $5,000

APPENDIX B

Solicitation Terms and Conditions

1.         Submission of Offers.  The contractor will submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in the solicitation.  Offers may be submitted on letterhead stationery or as otherwise specified in the solicitation.  At a minimum, offers must show:

a.         The solicitation number.

b.         The time specified in the solicitation for receipt of offers.

c.         The name, address, and telephone number of the offeror.

d.         A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation.  This may include product literature, or other documents, if necessary.

e.         Terms of any express warranty.

f.          Price and any discount terms.

g.         Payment address (if different from mailing address)

h.         Acknowledgment of solicitation amendments (if any)

i.          Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers, and other relevant information)

j.          A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.  Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

2.         Period for Acceptance of Offers.  The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

3.         Product Samples.  When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers.  Unless otherwise specified in this solicitation, these samples shall be submitted at no expense, and returned at the sender’s request and expense, unless they are destroyed by preaward testing.

4.         Multiple Offers.  Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or items for satisfying the requirements of this solicitation.  Each offer submitted will be evaluated separately.

5.         Late Submissions, Modifications, Revisions, and Withdrawals of Offers. 

a.         Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Contracting Officer designated in the solicitation by the time specified in the solicitation.  If no time is specified in the solicitation, the time for receipt is 1630 hours, local time, for the designated contracting office on the date that offers or revisions are due.

b.         Any offer, modification, revision, or withdrawal of an offer received at the contracting office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition, and

1)         if it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the contracting office not later than 1700 hours one working day prior to the date specified for receipt of offers, or

2)         there is acceptable evidence to establish it was received at the location designated for the receipt of offers and was under government control prior to the time set for receipt of offers, or

3)         if the solicitation was a request for proposals, it was the only proposal received.

c.         However, a late modification of an otherwise successful offer that makes the offer’s terms more favorable to the contracting organization issuing the solicitation will be considered at any time it is received and may be accepted.

d.         Acceptable evidence to establish the time of receipt at the contracting office includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of contracting office personnel.

e.         If an emergency or unanticipated event interrupts normal processes so that offers cannot be received at the contracting office designated for receipt of offers by the exact time specified in the solicitation, and urgent requirements preclude amendment of the solicitation or other notice of the extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal processes resume.

f.          Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.  Oral offers in response to oral solicitations may be withdrawn orally.  If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers.  An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

6.         Contract Award.  The Contracting Officer intends to evaluate offers and award a contract without discussions with offerors.  Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint.  However, the Contracting Officer reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.  The Contracting Officer may reject any or all offers if such action is in the public interest; accept other than the lowest-priced offer; and waive informalities and minor irregularities in offers received.

7.         Multiple Awards.  The Contracting Officer may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations.  Unless otherwise provided in the schedule, offers may not be submitted for quantities less than those specified.  The Contracting Officer reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

8.         Evaluation.  The Contracting Officer will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the contracting activity, price and other factors considered.  The following factors shall be used to evaluate offers.

8.a          EVALUATION OF FACTORS

               8.a.1.   All proposals submitted will be evaluated on the basis of the evaluation factors listed below.  Because of the numerous proposals anticipated, uniformity of proposals is essential for a fair and accurate evaluation. 

8.a.2.1 Technical acceptability

8.a.2.2 Schedule

8.a.2.3 Price

8.b.         RELATIVE IMPORTANCE OF EVALUATION FACTORS

               8.b.1.   All proposals submitted will be evaluated on the basis of the evaluation factors listed in Paragraph 8.a.2.1 thru 8.a.2.3.

               Technical acceptability, schedule and price are all considered equal

8.c.         BASIS OF AWARD

8.c.1.   All proposals received will be evaluated by Government personnel against the factors set forth in 8.a.

9.         Options.  The Contracting Officer will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.  The Contracting Officer may determine that an offer is unacceptable if the option prices are significantly unbalanced.  Evaluation of options shall not obligate the Contracting Officer to exercise the option(s).

10.       Notice of Award.  A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance of the offer, shall result in a binding contract without further action by either party.  Before the offer’s scheduled expiration time, the Contracting Officer may accept an offer (or part of an offer) whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

11.       Protests.  A contractor wishing to object to the terms of a solicitation, the termination of a solicitation, the award of a contract, or the termination of the award of a contract, shall present the matter to the Contracting Officer for an initial decision.  The contractor shall state to the Contracting Officer the basis for the protest.  If the contractor does not agree with the Contracting Officer’s initial decision, the Contractor may appeal the initial decision to the Head of Contracting Activity, CPA, for resolution.  The decision of the Head of Contracting Activity, CPA, shall be the final decision in the matter.

12.       Evaluation of Foreign Currency Offers.  If the Contracting Officer receives offers in more than one currency, the Contracting Officer will evaluate offers by converting the foreign currency to United States currency using ________________ rate in effect on the date specified for receipt of offers, if award is based on initial offers, or, if award is based on revised offers, on the date specified for receipt of proposal revisions.

Contract Terms and Conditions

13.       Inspection/Acceptance.  The Contractor shall only tender for acceptance those items that conform to the requirements of this contract.  The Contracting Officer reserves the right to inspect or test any supplies or services that have been tendered for acceptance.  The Contracting Officer may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.  The Contracting Officer must exercise the post-acceptance rights:

            a.         Within a reasonable time after the defect was discovered or should have been discovered, and

            b.         Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

14.       Assignment.  The Contractor shall not assign, transfer, or make any other disposition of this Contract, or any part thereof, without the prior written consent of the Contracting Officer.

15.       Changes.  Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

16.       Disputes.  This contract is not subject to the Contract Disputes Act of 1978, as amended (41 U.S. Code, Sections 601-613).  Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the United States Federal Acquisition Regulation Clause 52.233-1, Disputes, which is incorporated herein by reference except that appeals from final decisions of a Contracting Officer may only be appealed to the U.S. Armed Services Board of Contract Appeals (ASBCA).  The decision of the ASBCA shall be final. The contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

17.       Excusable Delays.  The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Governmental activity in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.  The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

18.       Invoice.   The Contractor shall submit an original invoice and three copies (or electronic invoice if authorized) to the address designated in the contract to receive invoices.  The invoice must include:

            a.         Name and address of the Contractor.

            b.         Invoice date and number.

            c.         Contract number, contract line item number, and, if applicable, the order number.

            d.         Description, quantity, unit of measure, unit price, and extended price of the items delivered.

            e.         Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on a bill of lading.

            f.          Terms of any discount for prompt payment offered.

            g.         Name, title, and phone number of person to notify in event of defective notice.

19.       Patent Indemnity.  The Contractor shall indemnify the Government agency involved in this contract and its officers, employees, and agents against liability, including costs, for actual or alleged direct or indirect contributory infringement of, or inducement to infringe, any patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

20.       Payment.  Payment shall be made for items accepted by the Contracting Officer that have been delivered to the delivery destinations set forth in this contract.  In connection with any discount offered for early payment, time shall be computed from the date of the invoice.  For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronics fund transfer payment is made.

21.       Risk of Loss.  Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pay to the Contracting Officer upon:

            a.         Delivery of the supplies to a carrier, if transportation is f.o.b. origin.

            b.         Delivery of the supplies to the Contracting Officer or a representative at a destination specified in the contract, if transportation is f.o.b. destination.

22.       Taxes.   The contract price includes all applicable taxes and duties.

23.       Termination for Convenience.  The Contracting Officer reserves the right to terminate this contract, or any part hereof, for the sole convenience of the Government activity.  In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.  Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Contracting Officer using its standard record keeping system, have resulted from the termination.  The Contracting Officer, upon reasonable advanced notice, may inspect the financial records relating to this Contract including the amounts paid to subcontractors and the locations where any portion of the Contractor’s performance occurs.  The Contracting Officer may review the Contractor’s financial statements upon request.

24.       Termination for Cause.  The Contracting Officer may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Contracting Officer, upon request, with adequate assurances of future performance.  In the event of termination for cause, the Government agency shall not be liable to the Contractor for any amount of supplies or services not accepted, and the Contractor shall be liable for any and all rights and remedies provided by law.  If it is determined that the Contracting Officer improperly terminated this contract for cause, such termination shall be deemed a termination for convenience.

25.       Title.  Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government agency upon acceptance, regardless of when or where the Government agency takes physical possession.

26.       Warranty.  The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

27.       Immunities.    Except as provided in this contract, the Government of Iraq or its agents, including the CPA or other governmental agencies, have not waived any of their privileges or immunities.

28.       Legal Status.  The Contractor is an independent contractor.  The Contractor’s employees will not be considered government employees for any purpose.  The Contractor is solely responsible for compensation agreements with employees.

29.       Contractor’s Responsibility for Employees.  The Contractor is responsible for the professional and technical competence of its employees and will select reliable individuals who will perform effectively in the implementation of this Contract, respect the local customs, and conform to a high standard of moral and ethical conduct. The Contracting Officer may require that the Contractor remove from the job employees who endanger persons or property, or whose continued employment under this contract is inconsistent with the interest of military security.

30.       Subcontracting.  Except as authorized in this contract, the Contractor may not subcontract any portion of the performance of this Contract to another without the prior written consent of the Contracting Officer.  The terms of any subcontract will be subject to and conform with the provisions of this Contract.

31.       Indemnification.  The Contractor shall defend, indemnify, and hold harmless all government entities involved in this contract, together with the entities’ officers, agents, and employees from and against all suits, claims, or liabilities of any kind arising out of acts or omissions of the Contractor, its employees, or the Contractor’s subcontractors.

32.       Insurance.  The Contractor represents and warrants that it shall maintain appropriate insurance including general commercial liability and workers compensation coverage in an adequate amount to cover third parties claims arising from or in connection with this Contract. Upon request, the Contractor will provide satisfactory evidence of the insurance required under this article.

33.       Use of Names and Symbols.  Except as required by this Contract, the Contractor will not advertise or otherwise makes public the fact that it is a contractor to the governmental entity in this Contract, nor will the Contractor use the name or emblem of the governmental entity for commercial purposes.

34.       Limitation of Liability.  Except as otherwise provided by an express warranty, the Contractor will not be liable to the governmental entity for consequential damages resulting from any defect or deficiencies in accepted items.

35,       Inconsistency between English Version and Translation of Contract.  In the event of inconsistency between any terms of this contract and any transaction into another language, the English language meaning shall control.

36.       Correspondence in English.  The Contractor shall ensure that all contract correspondence that is addressed to the governmental entity awarding this contract is submitted in English or with an English translation.

37.       Conflicts of Interest.  The Contractor warrants that no governmental official has received or will be offered by the Contractor any direct or indirect benefit in connection with or arising from the award of this contract.  The Contractor agrees that any breach of this provision is a breach of an essential term of this Contract. 

38.       Order of Precedence (except for Construction Contracts).  Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

            a.         The schedule of supplies/services.

            b.         The Assignments, Disputes, Payments, Invoice, Other Compliances clauses of this contract.

            c.         Addenda to this solicitation or contract, including any license agreements for computer software.

            d.         Solicitation provisions (if this is a solicitation)

            e.         The other standard clauses in this contract.

            f.          Other documents, exhibits, and attachments.

            g.         The specification (the narrative description of the work)

39.       Other Compliances.  The Contractor shall comply with all applicable laws, rules, and regulations applicable to its performance under this contract.

40.       Source of Funds.  The obligation under this contract is made with Iraqi Funds, as defined in CPA Memorandum Number 4, dated 19 August 2003.  No funds, appropriated or other, of any Coalition country are or will be obligated under this contract.  

41.       Option to Extend the Term of the Contract.   

a.         The governmental entity awarding this contract may extend the term of this contract by written notice to the Contractor within ______ days (insert number of days) prior to the end of the term of the contract, or the end of any option period previously exercised under the contract; provided that the Government entity gives the Contractor a preliminary written notice of its intent to extend at least _______(insert number of days) before the contract period (including option periods exercised) expires.  The preliminary notice does not commit the governmental entity to an extension.  If the Government exercises this option, the extended contract shall be considered to include this clause. 

b.         At the end of the contract period, or at the end of the final option period under this contract, whichever is later, if the governmental entity requires continued performance of services within the limits and at the rates specified in the contract, the governmental entity may extend the period of performance under this contract for an additional period not to exceed six months, by giving written notice to the Contractor at least ________ days before the end of the contract period or the end of the final option period exercised, whichever is later.  

42.       Liquidated Damages.  

a.         If the Contractor fails to perform within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the governmental entity liquidated damages of $__________________ per calendar day of delay.

b.         If the governmental entity terminates this contract in whole or in part under the Termination for Cause clause, the Contractor is liable for liquidated damages accruing until the governmental entity reasonably obtains similar delivery or performance.  These liquidated damages are in addition to excess costs of repurchase under the Termination for Cause clause.

c.         The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Excusable Delay clause.

Construction Contract Terms and Conditions

(For Construction Contracts Only)

43.       Performance of Work by the Contractor.  The Contractor shall perform on the site, and with its own organization, work equivalent to at least _________ percent of the total amount of work to be performed under the contract.  This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

44.       Differing Site Conditions.

            a.         The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of:

                        (1)        Subsurface or latent physical conditions at the site which differ materially from those indicated in the Contract, or

                        (2)        Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

            b.         The Contracting Officer shall investigate the site conditions promptly after receiving the notice.  If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

            c.         No request by the Contractor for an equitable adjustment to the contract shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer.

            d.         No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

45.       Site Investigation and Conditions Affecting the Work.

            a.         The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; (5) the character of equipment and facilities needed preliminary to and during work performance.  The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as the information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the governmental agency involved, as well as from the drawing and specifications made a part of this contract.  Any failure of the Contractor to take the action described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the governmental agency involved.

            b.         The governmental agency involved in this contract assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government, nor does the governmental agency assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

46.       Material and Workmanship.

            a.         All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract.  References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limited competition.  The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

            b.         The Contractor shall obtain the Contracting Officer’s approval of the machinery and mechanical and other equipment to be incorporated into the work.  When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment.  When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer’s approval of the material or articles which the Contractor contemplates incorporating into the work.  When requesting approval, the Contractor shall provide full information concerning the material or articles.  When directed to do so, the Contractor shall submit samples for approval at the Contractor’s expense, with all shipping charges prepaid.  Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

            c.         All work under this contract shall be performed in a skillful and workmanlike manner.  The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable. 

47.       Superintendence by the Contractor.   At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

48.       Permits and Responsibilities.  The Contractor shall, without additional expense to the governmental entity awarding this contract, be responsible for obtaining any necessary licenses and permits, and for complying with any laws, codes, or regulations applicable to the performance of the work.  The Contractor shall also be responsible for all damages to persons or property that occurs as a result of the Contractor’s fault or negligence.  The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

49,       Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. 

            a.         The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract.  The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place.  If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and take such other action as the Contracting officer may direct.

            b.         The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor.  The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work.  If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

50.       Operations and Storage Areas.

            a.         The Contractor shall confine all operations (including storage of materials) to areas authorized or approved by the Contracting Officer.  The Contractor shall hold and save the government entity awarding this contract, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor’s performance.

            b.         Temporary  buildings (such as storage sheds, shops, offices) and utilities may be erected by the Contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the governmental entity awarding this contract.  The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work.  With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.

            c.         The Contractor shall, under rules established by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer.  When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by law or regulation.  When it is necessary to cross curbs and sidewalks, the Contractor shall protect them from damage.  The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

51.       Cleaning Up.  The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials.  Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government.  Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

52.       Accident Prevention.

            a.         The Contractor shall provide and maintain work environments and procedures which will:

                        (1)        Safeguard the public and governmental entity personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities,

                        (2)        Avoid interruptions of governmental entity operations and delays in project completion dates, and

                        (3)        Control costs in the performance of this contract.

            b.         For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall:

                        (1)        Provide appropriate safety barricades, signs, and signal lights.

                        (2)        Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

            c.         Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health and safety of the public or governmental entity personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action.  This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required.  After receiving the notice, the Contractor shall immediately take corrective action.  If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken.  The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

            d.         The Contractor shall insert this clause, including this paragraph (d), with appropriate changes in the designation of the parties, in subcontracts.

53.       Schedules for Construction Contracts.

            a.         The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials and equipment).  The schedule shall be in the form of a progress chart of suitable scale to indicate approximately the percentage of work scheduled for completion by any given date during the period.  If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

            b.         The Contractor shall report progress under the schedule to the Contracting Officer as directed by the Contracting Officer.  If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the governmental entity awarding this contract.  In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and other efforts, and to submit for approval any supplementary schedule or schedules as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

            c.         Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract.  Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of the contract.

54.       Specifications and Drawings for Construction.  The Contractor shall keep on the work site a copy of the drawings and specifications (the written description of the work) and shall at all times give the Contracting Officer access thereto.  Anything mentioned in the specifications and not in the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both.  In case of difference between drawings and specifications, the specifications shall govern.  If case of difference in the figures between the drawings or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing.  Any adjustment by the Contractor without such a determination shall be at its own risk and expense.  The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.