|
<br />STANDARD FORM Z3-A I) ':1 ~ ~~
<br />JUNE 1" EDITION , fJ J i
<br />GENERAL SERVICES ADMINISTRATION
<br />.FED. "ROC. REG. (oil CFR) HUGI
<br />
<br />GENERAL PROVISIONS
<br />
<br />ICona'Nctlan Contract)
<br />
<br />1. Dl:nNmON8
<br />(a) The term "bead of the agency" or "Secretary" as
<br />l1sed herein means tbe Secretary, the Under Secretary, Bny
<br />Assistant Secretary, or any other head or Rsslstant head
<br />of the executive or mlUta.r.v department or other Federal
<br />agency; and the term "his duly authorlz.ed representative"
<br />means any person or persous or board (other than the
<br />Contracting otBcer) authorized to act for the head of the
<br />agency or the Secretary.
<br />(b) The term "Contracting Oflleer" 88 used herein meaDS
<br />the person executing this contract on bebalt of the GO\'ern-
<br />ment and Includes a duly appointed successor or authorized
<br />representative.
<br />2. Bp!:CInCATIONB AND DBA WINGS
<br />The Contractor shall keep on the work a copy ot the draw-
<br />Ings and specifications and shall at all times gh"e the Con-
<br />tracting Officer access thereto. Anything mentioned In the
<br />specifications and not shown on the drawings, or shown
<br />on the drawings and not mentioned In the specifications,
<br />shall bp of like effect 8S If shown or mentioned In both. In
<br />case of dlft'erence between drawings and specifications, the
<br />specifications shall govern. In case of dlHcrepancy elth~!r In
<br />the figures, In the drawings, or In the specifications, the
<br />matter shall be promptly submitted to the Contracting Officer,
<br />who shall promptly make a determlnatloll In writing. Any
<br />adjustment by the Contractor without sUc~h a determination
<br />shall be at his own risk and expense. The Contracting
<br />Officer shall furnish from time to time such detaIl drawings
<br />.and other Information as he may consider necessary, unless
<br />otherwise provided.
<br />S. CHANOES
<br />The Contracting Officer may, at any time, by written
<br />order, and without notice to the sureties, make changes
<br />In the drawings and/or specifications of this contract If
<br />within Its general scope. If such changes cause an In-
<br />crease or decrease In the Contractor's cost of, or time re-
<br />quired for, performance of the contract, an equitable
<br />adjustment shall be mnde and the contraC't modified In writ-
<br />Ing accordingly. Any claim of the Contractor for adjust-
<br />ment under this clause must be deserted In writing within
<br />30 days from the date of receipt by the Contractor of the
<br />notification of change unless the Contracting Ofllcer grants
<br />n further period of time before the datE" of flnal payment
<br />under the contract. It tbe parties fall to agree upon the
<br />adjustment to be made, the dispute shall be determined
<br />as provided In Clause 6 of these Genernl ProYlslons; but
<br />nothing provided In this clause shall excuse thE' Contractor
<br />from proceeding with the prosecution of the work as
<br />C'hanged. Except as otherwise provldE'd tn this contract,
<br />no charge for any extra work or material will be allowed.
<br />4. CHANGED CONDITIONS
<br />The Cont1'8ctor shall promptly, and before such conditions
<br />ore dlAturhed. notify the Contracting Ofltcer In writing of:
<br />(a) SUllliJUrface or latent physical conditions at tbe site dUrer-
<br />in~ matE'rlally from those Indicated In this contract. or (b)
<br />unknown phYAlcal conditions at the site, of an unusual ns-
<br />t11rfl'. dltf'E"rln~ materially trom those ordinarily encountered
<br />nnd J<<>nerolly recognized as Inhering In work ot the character
<br />provided tor In thll'l C'ontract. The Contracting Odicer ~han
<br />promptly Inn~Atlgale the cODdltlons, and If he findA thnt ~uC'h
<br />condltlonR do so mAterially differ and cause an IDcreaRe or
<br />decrE"ftSe In the Contractor'l'I cost of, or thE' time required tor,
<br />rlf"rtormonC'e of this C'olltract. an equitable adjustment shall be
<br />_ made and Ihe, contract modlflf'd In writing accordingly. Any
<br />. claim of the Contractor for adjustment hereunder shall not
<br />he allowed ooleRs he has given notice a8 above required; or
<br />STANDARD FORM 23.A
<br />JUNE I" EDITION
<br />
<br />,
<br />
<br />.
<br />
<br />~
<br />
<br />.
<br />
<br />unless the Contracting Officer grants a further period of time
<br />before the date of final payment unrter the contract. It the
<br />parties fall to agree upon the adjustment to be made, the dl....
<br />pute shall be determined as provided In Claose 6 of these Gen-
<br />eral Provisions.
<br />
<br />5. TERMINATION FOB DEFAULT-DAMAGES roa DELAT-TIKI:
<br />EXTENSION'S
<br />
<br />(a) If the Contractor retuses or fails to prosecute the work,
<br />or any separable part thereof, with such diligence as wlll
<br />Insure Its completion within the time specltled In this contract,
<br />or any extension thereof, or falls to complete said work with-
<br />in such time, the Government may, by written notice to the
<br />Contractor, terminate his right to proceed with the work or
<br />such part of the work as to which there has been delay. In
<br />such event the- Government may take over tbe work and prose-
<br />cute the same to completion, by contract or otherwise, and
<br />may take possession of and utilize In completing the work
<br />such materials, appliances, and plant as may be on the site
<br />ot the work and necessary therefor. Whether or not the
<br />Contractor's rlgbt to proceed with tbe work Is terminated, he
<br />and his sureties sball be liable for any damage to the Govern-
<br />ment resuWng from his retu881 or failure to complete the
<br />work within the specified time.
<br />(b) It tlxed and agreed lIquldo.ted damages are provided
<br />In the contract and If tbe Oovernment 80 terminates the Con-
<br />tractor's rigbt to proceed, the resulting damage will consist
<br />of such liquidated uamages ont11 such reasonable time 88 may
<br />be required for flnal completion of the work together with
<br />al1Y Increased costs occasioned. the Government 1D complet-
<br />Ing the work.
<br />(c) If fiIed and agreed liquidated. damages are provided
<br />In the contract and If the Government does not 80 terminate
<br />the Contractor's right to proceed, the. resultiq damage will
<br />consist of sucb llquldated damages untIl the work 18 com-
<br />pleted or accepted.
<br />(d) The Contractor's right to proceed shall not be 80 ter-
<br />minated nor the Contractor charged with resulting damage
<br />If:
<br />(1) The delay In' the completion of the work arises from
<br />unforeseeahle causes beyond the control and without the
<br />fault or negllA'ence of the Contractor, including but not
<br />restricted to, acts of God, acts ot the publlc enemy, acts of
<br />the Oovernment tn either Its sovereign or contractual ca-
<br />pacity, ads of anotber contractor In the performance of a
<br />contract with tbe Government, fireR, floods, epidemics, quar-
<br />antine re-strictions. strikes, freight embargoes, unusually
<br />severe weather. or delays of subcontractors or mppllen
<br />arising trom nnforeseeable causes beyond the control and
<br />without Ihe fault or negligence ot both the Contractor and
<br />such subcontractors or suppllen; and
<br />(2) The Contractor, within 10 days from the beginning
<br />of any such delay (unle8s the Contracting Officer grants a
<br />further period of time before the date of final payment
<br />under the contro.ct), notifies the Contracting Officer In
<br />wrltin~ of the causes of delay.
<br />The Contracting Officer shall ascertain the facts and the eI-
<br />tent of the delay and extend the time for completing the work
<br />when. In his judlitmpnt, the findings of fact justify 8Uch an eI-
<br />temdon. and his findings of fact shall be final and conclusive
<br />on the [lartlefl, 8ubJect only to appeal as provided In ClaoRe 6
<br />ot the:;ce General Provisions.
<br />(e) It. after notice of termination ot the Contractor's right
<br />to proce-ed un<le-r the provisions of this clause. It IA determined
<br />for Elny re-Rson that the Contractor was not In default under
<br />thE" pro,.islonfC of this clause, or that the delay was excusable
<br />under thE" provisions ot this clause, the rights Rnd obligations
<br />of the parties shall. If the contract rontalns a clause provld-
<br />In~ for termination tor convenience of the Government, be
<br />
<br />23-204
<br />
|