|
<br />.. 3....'
<br />.' '1
<br />'" - .
<br />
<br />.
<br />
<br />except as provided in Subparagraph b.. no claim
<br />shall be made against the Government 'tor excess or
<br />deficiency therein. Payment at the prices agreed
<br />upon will be in full for the completed work and will
<br />cover materials, supplies, transportation, labor,
<br />tools, machinery, and all expenditures incident to
<br />satisfactory compliance with the contract, unless
<br />otherwise specifically provided.
<br />
<br />...
<br />
<br />b. Divided items.-Because the quantities of work
<br />actually required for certain items of excavation,
<br />concrete, earthfill and rock fill may vary widely
<br />from the Quantities listed therefor in the schedule,
<br />the total estimated quantities of these items of such
<br />work have been divided into two ranges, as shown in
<br />the schedule.
<br />
<br />Each range has been listed in the schedu\e as a
<br />subitem for payment purposes only and the two
<br />ranges together are one item of work. The first
<br />range represents approximately 65 percent of the
<br />estimated total quantity of work to be performed
<br />under each of the items so divided.
<br />
<br />.
<br />
<br />This division of quantities into two ranges is
<br />provided so that bidders will include in the unit
<br />price bid for the quantity within the first range that
<br />part of the contractor's cost for contractor's camp,
<br />mobilization and demobilization, plant fixed
<br />overhead and other indirect costs, all properly
<br />allocated for the item of work. Accordingly, the
<br />unit price bid for the quantity in excess of the first
<br />range shall exclude any part of the contractor's
<br />costs 10r contractor's camp, mobilization and
<br />demobilization, plant, fixed overhead. and other
<br />indirect costs. The unit price bid in the schedule for
<br />the quantities. in excess of the first range shall not
<br />exceed the unit price bid for the Quantities in the
<br />first range. Should any bidder submit a unit price
<br />for the second range that is in excess of the unit
<br />price bid for the first range for that item, the bid
<br />will not be rejected; however, the bid will be
<br />evaluated on the basis of, and payment for all of the
<br />work under the item will be made at. the unit price
<br />bid in the scheduie for the first range.
<br />
<br />~,
<br />
<br />~
<br />
<br />Should the actual quantity of work performed be
<br />less than the quantity listed in the schedule for the
<br />first range. such deficient quantity will be
<br />considered a deletion for which an adjustment will
<br />be made under Clause No. 3 of the General
<br />Provisions.
<br />
<br />As provided above, the quantities of work that will
<br />actually be required for the divided items may vary
<br />
<br />.
<br />
<br />Par. 12
<br />
<br />widely from the quantities listed therefor in the
<br />schedule. Accordingly, payment will be made in
<br />accordance with the provisions of this paragraph
<br />regardless of any such variations of quantity
<br />actuallv experienced. The contractor shall be
<br />entitled to no additional allowance above the unit
<br />prices bid in the schedule by reason of none or of
<br />any amount in excess of the quantity of work in the
<br />second range being performed.
<br />
<br />13. CONTRACT ADJUSTMENTS
<br />
<br />a. General.-If the contractor requests adjustment
<br />under Clauses No.3, 4, or 4A of the General
<br />Provisions of this contract, the contractor shall
<br />submit sufficient data to establish his entitlement to
<br />adjustment thereunder. Insofar as possible, prices
<br />win be negot"lated .m advance for adjustments under
<br />Clauses No.3, 4, and 4A. Such prices may be lump
<br />sums, unit prices, or other agreed rates for properly
<br />allocated charges which may include such items as
<br />labor, material, equipment ownership and
<br />operation, rental of equipment not owned by the
<br />contractor, and plant, overhead. or other proper
<br />indirect expense. Determinations of allowable costs
<br />shall be made conformably with the principles
<br />stated in 41 CFR (Federal Procurement
<br />Regulations) Part 1.15 except that equipment
<br />ownership and operation expense shall be computed
<br />in accordance with the paragraph included in these
<br />specifications entitled "Equipment Ownership and
<br />Operation Expense." Where the amount of the
<br />adjustment is not agreed upon in advance, the
<br />contractor shall keep sufficient records and data to
<br />establish the cost of the work in accordance with
<br />the requirements of 41 CFR Part 1.15.
<br />
<br />b. Availability of records.-For the purpose of
<br />determining the amount allowable for contract
<br />adjustments, pursuant to 41 CFR Sec. 1.3.809, the
<br />contracting officer, through his authorized agents,
<br />shall have access to all payrolls, records of
<br />personnel, invoices of materials, records of plant
<br />and equipment, and any and all other data relevant
<br />to the performance of the contract or necessary to
<br />determine its costs. Where it is determined to be
<br />necessary for computation of the proper amount of
<br />an adjustment, the contractor shall furnish any
<br />pertinent part of his original bid computations and
<br />suppOrting documents thereto.
<br />
<br />c. Overhead and profit.-Allowances for overhead
<br />shall be made where appropriate. (See 41 CFR Sec.
<br />1.3.807.11.) There shall be no duplication of
<br />indirect costs in any allowance for overhead.
<br />
<br />7
<br />
|