HomeMy WebLinkAbout59-85 RESOLUTIONRESOLUTION NI 59-85
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SCANNE
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE A PRELIMINARY ENGINEERING
DESIGN REIMBURSEMENT AGREEMENT WITH THE VETERANS
ADMINISTRATION.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
That the Mayor and City Clerk are hereby authorized and directed
to execute a preliminary engineering design reimbursement agreement
with the Veterans Administration for the design of a street through
Gregory Park to connect Sycamore Avenue to the Veterans Administration
property. A copy of the reimbursement agreement authorized for execution
hereby is attached hereto marked Exhibit "A" and made a part hereof.
PASSED.AND APPROVED this 18th day of June
BY:
/7
Clerk
APPROVED
1 1985.
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AGREEMENT
THIS AGREEMENT is made and entered into by and between the CITY OF FAYETTEVILLE,
ARKANSAS, a municipality under the laws of the state of Arkansas, herein called the
"City," and the UNITED STATES OF AMERICA, herein called the "Government,"
represented by the Utilities Contracting Officer of the Veterans Administration,
an agency of the Government created by Act of July 1930 (46 Stat. 1016), herein
called the "Contracting Officer," which term shall include his or her authorized
representative or his or her duly appointed successor.
RECITALS
A. The Government, owning and operating a Veterans Administration Medical
Center located at Fayetteville, Arkansas, herein called the "Premises," plans
to modify its street system within the Premises and desires to utilize the City
street to be designed under this agreement.
B. The City, maintaining and operating a street system capable of providing
said service for the Premises is willing and able to adjust its existing system
to provide said street service for the Premises, as shown on Exhibit "A" for
Route B dated June 1985 as prepared by Engineering Service, Inc., of Springdale,
Arkansas, attached hereto and incorporated within this agreement by reference.
C. The Government is willing to compensate the City for designing and
constructing the subject street extension.
COVENANTS
NOW, THEREFORE, in consideration of an amount not to exceed Ten Thousand, Three
Hundred Twenty -Five and No/100 Dollars ($10,325.00) for design, construction
supervision and testing and equal to City's actual cost of all facilities to be
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EXHIBIT A
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paid by the Government to the City, the recitals and other mutual obligations of
the parties herein expressed, THE CITY AND THE GOVERNMENT DO AGREE AS FOLLOWS:
1. Within sixty (60) calendar days from the date of the Notice to Proceed,
the City shall, at its own risk and expense, complete the design of said street
extension specifically outlined on Exhibit "A," with the objective of furnishing
proposed street to the Premises. Referring to the Exhibit, work to be accomplished
by the City shall include all labor, material, profit, overhead and other costs
necessary to perform the detail design of the street as a complete and operable
facility.
2. The City shall have access to the Premises at all reasonable times for the
purpose of the design of the street by the City.
3. The Government's Engineering Officer shall be responsible for the review
of the street design for the Government.
4. The City shall attempt to fulfill its construction responsibilities
within the aforementioned time frame. The time for performance for specified
periods may be extended if delayed by strikes, acts of God, extreme adverse weather
conditions, failure of the Government to properly perform its duties under this
agreement in sufficient advanced time, or other similar causes beyond the control
of the City.
5. The City shall have exclusive authority and responsibility for the design,
maintenance, operation, and maintenance of the street. Upon completion of
design work, the City shall submit to the Chief of Engineering, Veterans Adminis-
tration Medical Center, Fayetteville, Arkansas, a certificate stating that it has
completed all work required by this agreement in accordance therewith. The City
shall also submit a properly executed invoice requesting payment. Upon receipt of
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said certificate and invoice, City's actual costs but not to exceed Ten Thousand,
Three Hundred Twenty -Five and No/100 Dollars ($10,325.00) shall be paid by the
Government tou the City.
6. The point of street service to the Government's Premises shall be the
property line of the Premises.
7. This agreement may be terminated by the Government's giving thirty (30)
days written notice to the City. In the event of such termination by the Government,
the Government shall reimburse the City for those actual costs incurred by the
City on behalf of the Government in the construction of its facilities pursuant
to this agreement to the date of termination; provided, however, said reimbursement
shall not exceed the total financial obligation established herein.
8. Notwithstanding anything herein, all rights and liabilities of the
parties with respect to the connection which is the subject of this agreement shall
terminate ten (10) years from the date hereof unless sooner terminated by virtue of
any provisions in this agreement or any subsequent mutual agreement.
9. The street shall be 26 feet wide from back of curb to back of curb and
shall be designed to meet the City's standards.
10. This agreement shall be binding upon and inure to the benefit of the
successors, legal representatives, and assignees of the respective parties hereto.
11. This agreement shall incorporate within it by reference the clauses
set forth in General Services Administration form 1685 dated July 1976, as
amended May 1982, by form 1685-A, entitled "Supplemental Provisions (Utility
Service Contract," attached hereto. Where the word "Contractor" is used in the
forms, it shall refer to "City" in this agreement.
12. The City certifies that in developing a proposal in response to the
solicitation of this contract, he/she did not utilize the services of any
former Veterans Administration employee acting in violation of Title V of the
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Ethics in Government Act, 18 U.S.C. 207, the clauses of which are attached
hereto and made a part hereof by reference.
IN WITNESS WHEREOF, this agreement is executed by the CITY OF FAYETTEVILLE,
ARKANSAS, its undersigned official duly authorized, and by the UNITED STATES OF
AMERICA.
Dated this )& day day of CrOL./ 1985.
CITY OF FAYETTEVILLE, ARKANSAS
By:Thad-TO
Print Name:- -iiltiftibLYAi TOilaticOu
Title: ASSIST/Mir MAYOg
I, SOZImmi E 41/NE171 I certify that I am the ei/771.
UNITED STATES OF AMERICA
By :cal S gs•Ssee Atit. Iles
DIBERT SI. HENDERSON
U Fifties Contracting Officer
of the CITY OF FAYETTEVILLE, ARKANSAS, that
4/iVA-d4m.
this agreement on behalf of said municipality was then
signed
and
and of said municipality and that this agreement was duly signed for and in
behalf of said municipality by authority of its governing body and is within the
scope of its powers.
(SEALE)
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teOitganture
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CERTIFICATION FOR THE ETHICS IN GOVERNMENT ACT
The offeror certifies that in developing a proposal in response to the
solicitation of this contract, he/she did not utilize the services of any
former Veterans Administration employee acting in violation of Title V of the
Ethics in Government Act, 18 U.S.C. 207. That law provides that:
(a) A former Veterans Administration employee who, as such an employee,
personally and substantially participated in a particular procurement process
is prohibited from appearing before the agency on behalf of an offeror
responding to a solicitation resulting from that process and from making any
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contact with the agency on behalf of the offeror with intent of influencing
action related to the solicitation;
(b) A former Veterans Administration employee who, during the last
year as such an employee, was officially responsible for a particular procure-
ment process, is prohibited, for two years after leaving the Veterans Administra-
tion, from appearing before the agency on behalf of an offeror responding to a
solicitation resulting from that process and from making any contact with the
agency on behalf of the offeror with the intent of influencing action related
to the solicitation;
(c) Any former top-level Veterans Administration employee (i.e., executive
level employee; employee paid at the rate of GS -17 or above if designated
pursuant to 5 C.F.R. 737.25(b); and SES employee if designated pursuant to
5 C.F.R. 737.25(b))
who, as such an employee, personally and substantially
participated in a particular procurement process, is prohibited, for a period
of two years, from representing, aiding, consulting, or assisting an offeror
by presence before the Government at any formal or informal appearance related
to that procurement process.
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(d) For a period of one year, any former top-level employee of the
Veterans Administration (as described in the preceding paragraph) is prohibited
from appearing before the Veterans Administration on behalf of any offeror
responding to a contract solicitation and is prohibited from making any oral
or written communications with the Veterans Administration on behalf of such
an offeror, with the intent of influencing action related to the contract.
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GENERAL SERVICES ADMINISTRATION
SUPPLEMENTAL PROVISIONS •
(UTILITY SERVICE CONTRACT)
1. DEFINITIONS
As used throughout this contract, the following terms shall have
the meaning set forth below:
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(a) The term "head of the agency" or "Secretary" as used herein
means the Secretary, the Under Secretary, any Assistant Secretary,
or any other head or assistant head of the executive or military de-
partment or other Federal agency; and the term his duly authorized
representative" means any person or persons or board (other than
the Contracting Officer) authorized to act for the head of the agency
or the Secretary;
(b) The term "Contracting Officer" means the person executing
this contract on behalf -of the Government, and any other officer or
civilian employee who is a properly designated Contracting Officer:
and the term includes. except as otherwise provided in this contract.
the authorized representative of a Contracting Officer acting within
the limits of his authority.
(c) Except as otherwise provided in this contract. the term "sub-
contracts" includes purchase orders under this contract.
2. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL
(a) This ['arise is applicable if the amount of this contract ex-
ceeds $2.500 and was entered into by means of negotiation. includ-
ing small business restricted advertising, but is not applicable if this
contract was entered into by means of formal advertising.
(b) The Contractor agrees that the Comptroller General of the
United States or any of his duly authorized representatives shall,
until the expiration of 3 years after final payment under this con-
tract or such lesser time specified in either Appendix M of the Armed
Services Procurement Regulation or the Federal Procurement Regu-
lations Part 1-20. as appropriate, have access to and the right to
examine any directly pertinent books, documents. papers. and
records of the Contractor involving transactions related to this
contract.
(c) The Contractor further agrees to include in all his subcon-
tracts hereunder a provision to the effect that the subcontractor
agrees that the Comptroller General of the United States or any of
his duly authorized representatives shall, until the expiration of 3
years after final payment under the subcontract or such lesser time
specified in either Appendix M of the Armed Services Procurement
Regulation or the Federal Procurement Regulations Part 1-20. as
appropriate. have access to and the right to examine any directly
pertinent books. documents. papers. and records of such sub-
contractor, involving transactions related to the subcontract. The
term ''subcontract" as used in this clause excludes (1) purchase
orders not exceeding $2.500 and (2) subcontracts or purchase
orders for public utility services at rates established for uniform
applicability to the general public.
(d) The periods of access and examination described in (b) and
(c), above, for records which relate to (1) appeals under the "Dis-
putes" clause of this contract, (2) litigation or the settlement of
claims arising out of the performance of this contract. or (3) costs
and expenses of this contract as to which exception has been taken
by the Comptroller General or any of his duly authorized representa-
tives. shall continue until such appeals, litigation. claims. or excep-
tions have been disposed of.
3. EQUAL OPPORTUNITY
(The following clause is applicable unless this contract is exempt
under the rules, regulations. and relevant orders of the Secretary of
Labor (41 CFR. ch. 60).)
During the performance of this contract. the Contractor agrees
as follows: 1
(a) The Contractor will not discriminate against any employee or
applicant for employment because of race. color, religion. sex. or
national origin. The Contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated dur-
ing employment. without regard to their race, color. religion, sex, or
national origin. Such action shall include. but not be limited to the
following: Employment, upgrading, demotion. or transfer; recruit-
ment or recru.trnent advertising: layoff or termination; rates of pay
or other forms of compensation: and selection for training, includ-
ing apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment.
notices to be provided by the Contracting Officer setting forth the
provisions of this Equal Opportunity clause.
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(b) The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for employment
withoutregard to race. color. religion. sex, or national origin.
(c) The Contractor will send to each labor union or representa-
tive of workers with which he has a cbllective bargaining agreement
or other contract or understanding. a notice, to be provided by the
agency Contracting Officer. advising the labor unign or workers'
representative of the Contractor's commitments under this Equal
OPPOrtunity clause, and shall post copies of the notice in conspicu-
ous places available to employees and applicants for employment.
(d) The Contractor will comply with all provisions of Executive
Order No. 11246 of September 24. 1965, and of the rules, regula-
tions. and relevant orders of the Secretary of Labor.
(e) The Contractor will furnish all information and reports -re-
quired by Executive Order No. 11246 of September 24, 1965, and by
the rules, regulations, and orders of the Secretary of Labor. or
pursuant thereto, and will permit access to his books, records, and
accounts by the contracting agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules.
regulations, and orders.
(f) In the event of the Contractors noncompliance with the Equal
Opportunity clause of this contract or with any of the said rules.
regulations, or orders, this contract may be canceled. terminated.
or suspended, in whole or in part, and the Contractor may be de-
clared ineligible for further Government contracts in accordance
with procedures authorized in Executive Order No. 11246 of Sep-
tember 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided, in Executive Order No. 11246 of
September 24, 1965. or by rule. regulation. or order of the Secretary
of Labor, or as otherwise provided by law.
(g) The Contractor will include the provisions of paragraphs (a)
through (g) in every subcontract or purchase order unless exempted
by rules. regulations, or orders of the Secretary of Labor issued pur-
suant to section 204o1 Executive Order No. 11246 of September 24,
1965, so that such provisions will be binding upon each subcon-
tractor or vendor. The Contractor will take such action with respect
to any subcontract or purchase order as the contracting agency
may direct as a means of enforcing such provisions. including
sanctions for noncompliance: Provided. however, That in the event the
Contractor becomes involved in, or is threatened with, litigation with
a sutcontractor or vendor as a result of such direction by the con-
tracting agency, the Contractor may request the United States to
enter into such litigation to protect the interests of the United States.
4. CERTIFICATION OF NONSEGREGATED FACILITIES
(Applicable to (1) contracts. (2) subcontracts. and (3) agreements
with applicants who are themselves performing federally assisted
construction contracts. exceeding $10,000 which are not exempt
from the provisions of the Equal Oppertunityclause.)
By the submission of this bid, the bidder, offeror. applicant, or
subcontractor certifies that he does not maintain or provide for his
employees any segregated facilities at any of his establishments.
and that he does not permit his employees to perform their services
at any location, under his control, where segregated facilities are
maintained. He certifies further that he will not maintain or provide
for his employees any segregated facilities at any of his establish-
ments. and that he will not permit his employees to perform their
services at any location, under his control. where segregated facili-
ties are maintained. The bidder, offeror. applicant. or subcontractor
agrees that a breach of this certification 's a violation of the Equal
Opportunity clause in this contract. As used in this certification. the
term L'segregated facilities" means any waiting rooms. work areas,
rest rooms and wash rooms, restaurants and other eating areas,
time clocks. locker rooms and other storage or dressing areas, park-
ing lots, drinking fountains, recreation or entertainment areas,
transportation. and housing facilities provided for employees which
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. He further agrees that (except where he
has obtained identical certifications from proposed subcontractors
for specific time periods) he will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts exceed-
ing $10,000 which are not exempt from the.provisions of the Equal
Opportunity clause; that he will retain such certifications in his files;
and that he will forward the following notice to such proposed sub-
contractors (except where the proposed subcontractors have sub -
m itted•identica I certifications for specific time periods):
GSA Form 1685 rRev. 7-76)
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for each hiring tocation.(1) the number of individuals hired during
• the reporting period, (2) the number of nondisabled veterans of the
Vietnam era hired, (3) the number of disabled veterans of the Viet-
nam era hired, and (4) the total number of disabled veterans hired.
The reports should include covered veterans hired for on-the-job
training under 38 U.S.C. 1787. The contractor shall submit a report
within 30 days after the end of each reporting period wherein any
performance is made on this contract identifying data for each hir-
ing location. The contractor shall maintain at each hiring location
copies of the reports submitted until the expiration of one year after
final payment under the contract. during which time these reports
and related documentation shall be made available, upon request.
for examination by any authorized representatives of the contract-
ing officer or of the Secretary of Labor. Documentation would in-
clude personnel records respecting job openings. recruitment, and
placement.
(e) Whenever the contractor becomes contractually bound to the
listing provisions of this clause, it shall advise the employment serv-
ice system in each State where it has establishments of the name
and location of each hiring location in the State. As long as the con-
tractor is contractually bound to these provisions and has so ad-
vised the State system, there is no need to advise the State system
of subsequent contracts. The contractor may advise the State sys-
tem when it is no longer bound by this contract clause.
(1) This clause does not apply to the listing of employment open-
ings which occur and are filled outside the 50 States, the District of
Columbia, Puerto Rico. Guam, and the Virgin Islands.
(g) The provisions of paragraphs (b), (c), (d), and (e) of this
clause do not apply to openings which the contractor proposes to fill
from within his own organization or to fill pursuant to a customary
and traditional employer -union hiring arrangement. This exclusion
does not apply to a particular opening once an employer decides to
consider applicants outside of his own organization or employer -
union arrangement for that opening.
(h) As used in this clause: (1) All suitable employment open-
ings includes, but is not limited to, openings which occur in the
following job categories: production and non -production; plant and
office: laborers and mechanics; supervisory and nonsupervisory:
technical: and executive. administrative. and professional openings
as are compensated on a salary basis of less than $25.000 per year.
This term includes full-time employment, temporary employment
of more than three daysduration, and part-time employment. It
does not include openings which the contractor proposes to fill from
within his own organization or to fill pursuant to a customary and
traditional employer -union hiring arrangement nor openings in an
educational institution which are restricted to students of that insti-
tution. Under the most compelling circumstances an employment
opening may not be suitable for listing, including such situations
where the needs of the Government cannot reasonably be otherwise
supplied, where listing would be contrary to national security, or
where the requirement of listing would otherwise not be for the best
interest of the Government.
(2) "Appropriate off ice of the State employment service sys-
tem" 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, Puerto Rico, and the Virgin Islands.
(3) "Openings which the contractor proposes to fill from with-
in his own organization" means employment openings for which no
consideration will be given to persons outside the contractors or-
ganization (including any affiliates. subsidiaries. and the parent
companies) and includes any openings which the contractor pro-
poses to fill from regularlyestablished "recall" lists.
(4) "Openings which the contractor proposes to fill pursuant
to a customary and traditional employer -union hiring arrange-
ment" means employment openings which the contractor proposes
to fill from union halls, which is part of the customary and tradi-
tional hiring relationship which exists between the contractor and
representatives of his employees.
(1) The contractor agrees to comply with the rules, regulations.
and relevant orders of the Secretary of Labor issued pursuant to the
Act.
(j) In the event of the contractor's noncompliance with the re-
quirements of this clause, actions for noncompliance may be taken
in accordance with the rules, regulations: and relevant orders of the
Secretary of Labor issued pursuant to the Act.
(k) The contractor agrees to post in conspicuous places available
to employees and applicants for employment notices in a form to
be prescribed by the Director. provided by or through the contract-
ing officer. Such notice shall state the contractor's obligation under
the law to take affirmative action to employ and advance in employ-
ment qualified disabled veterans and veterans of the Vietnam era
for employment. and the rights of applicants and employees.
(I) The contractor will notify each labor union or representative
of workers with which it has a collective bargaining agreement or
other contract understanding, that the contractor is bound by terms
of the Vietnam Era Veterans Readjustment Assistance Act. and is
committed to take affirmative action to employ and advance in em-
ployment qualified disabled veterans and veterans of the Vietnam
era.
(m) The contractor will include the provisions of this clause in
every subcontract or purchase order of $10,000 or more unless ex-
empted by rules. regulations, or orders of the Secretary issued pur-
suant to the Act, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will 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 en-
force such provisions, including action for noncompliance.
12. PAYMENT OF INTEREST ON CONTRACTORS' CLAIMS
(a) If an appeal is filed by the contractor from a final decision of
the contracting officer under the disputes clause of this contract.
denying a claim arising under the contract. simple interest on the
amount of the claim finally determined owed by the Government
shall be payable to the contractor. Such interest shall be at the rate
determined by the Secretary of the Treasury pursuant to Public Law
92-41. 85 Stat. 97, from the date the contractor furnishes to the
contracting officer his written appeal under the disputes clause of
this contract. to the date of (1) a final judgment by a court of com-
petent jurisdiction. or (2) mailing to the contractor of a supple-
mental agreement for execution either confirming completed
negotiations between the parties or carrying out a decision of a
board of contract appeals.
(b) Nothwithstanding (a), above. (-1) interest shall be applied only
from the date payment was due. if such date is later than the filing
of appeal, and (2) interest shall not be paid for any period of time
that the contracting officer determines the contractor has unduly
delayed in pursuing his remedies before a board of contract appeals
or a court of competent jurisdiction.
13. UTILIZATION OF MINORITY BUSINESS ENTERPRISES
(a) It is the policy of the Government that minority business en-
terprises shall have the maximum practicable opportunity to par-
ticipate in the performance of Government contracts.
(b) The Contractor agrees to use his best efforts to carry out this
policy in the award of his subcontracts to the fullest extent consist-
ent with the efficient performance of this contract. As used in this
contract, the term "minority business enterprise" means a busi-
ness. at least 50 percent of which is owned by minority group
members or, in case of publicly owned businesses, at least 51 per -
cern of the stock of which is owned by minority group members.
For the purposes of this definition. minority group members are
Negroes. Spanish-speaking American persons, American -Orientals.
American -Indians, American Eskimos, and American Aleuts. Con-
tractors may rely on written representations by subcontractors
regarding their status as minority business enterprises in lieu of an
independent investigation.
14. UTILIZATION OF SMALL BUSINESS CONCERNS
(a) It is the policy of the Government as declared by the Congress
that a fair proportion of the purchases and contracts tor supplies
and services for the Government be placed with small business
concerns.
(b) The Contractor agrees to accomplish the maximum amount
of subcontracting to small buSiness concerns that the Contractor
findsto beconsistent with the efficient performance of this contract.
15. UTILIZATION OF LABOR SURPLUS AREA CONCERNS
(The following clause is applicable if this contract exceeds
$5.0001
(a) It is the policy of the Government to award contracts to labor
surplus area concerns that (1) have been certified by the Secretary
of Labor (hereafter referred to as certified -eligible concerns with
first or second preferences) regarding the employment of a propor-
tionate number of disadvantaged individuals and have agreed to
perform substantially (i) ill or near sections of concentrated unem-
ployment or underemployment or in persistent or substantial labor
surplus areas or (ii) in other areas of the United States, respectively.
or (2) are noncertified concerns which have agreed to perform sub-
stantially in persistent or substantial labor surplus areas, where this
can be done consistent with the efficient performance of the con-
tract and at prices no higher than are obtainable elsewhere. The
Contractor agrees to use his best efforts to place his subcontracts in
accordance with this policy.
(b) In complying with paragraph (a) of this clause and with para-
graph (b) of the clause of this contract entitled "Utilization of Small
Business Concerns" the Contractor in placing his subcontracts shall
observe the following order of preference: (1) Certified -eligible con-
cerns with a first preference which are also small businessconcerns;
(2) other c-ertified-eligible concerns with a 1 irst preference: (3) cer-
tified -eligible concerns with a second preference which are alSo
small business concerns; (4) other certified -eligible concerns with a
second preference: (5) persistent or substantial labor surplus area
concerns which are also small business concerns: (6) other persist-
GSAFor m 1685 Page 3IRev. 7-76)
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•
GSA FORM 1685-A (5-82)
General Services Administration
Supplemental Provisions
(Utility Service Contract)
Changes, Additions and'Deletions to GSA Form 1685 (key 7-76)
Paragraph 2. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL
(i) Subparagraph (a) is amended by deleting the figure "$2,500"
following the word "exceeds" and substituting therefor the figure,
"$10,000".
(ii) Subparagraph (c), second sentence, is amended by deleting
the figure "$2,500" following the word "exceeding" and substituting
therefor the figure, "$10,000".
Paragraph 9 - DISPUTES - and Paragraph 12 - PAYMENT OF INTEREST ON
CONTRACTOR'S CLAIMS - are hereby deleted and the following clause is
substituted therefor:
DISPUTES
(Effective June 1, 1980,for contracts exceeding $10,000)
(a) This Contract is subject to the Contract Disputes Act of
1978 (P.L. 95-563).
• (b) Except.as provided in the Act, all disputes arising under or
relating to this Contract shall be resolved in accordance with this
clause.
(c) (i) As used herein, "claim" means a written demand or
assertion by one of the parties seeking, as a legal right, the 2
payment of money, adjustment or interpretation of contract terms, or
other relief, arising under or relating to this Contract.
(ii) A voucher, invoice, or request for payment that is
not in dispute when submitted is not a claim for the purposes of the
Act. However, where such submission is subsequently not acted upon in
a reasonable time, or disputed either as to liability or amount, it
may be converted to a claimpursuantto the Act.
(iii) A claim by the Contractor shall be made in writing
and submitted to the Contracting Officer for decision. A claim by the
Government against the Contractor shall be subject to a decision by
the Contracting Officer.
•
- 3. -
•
•
•
(d) Tor -Contractor claims of more than $50,000, the Contractor
shall submit -with the claim a certification that the claim is made in
good faith; the supporting data are accurate and complete to the best
of the Contractor's knowledge and belief; and the amount requested
accurately reflects the Contract adjustment for which the Contractor
believes the Government is liable. The certification shall be executed
by the,Contractor if an individual. When the Contractor is not an
individual, the certification shall be executed by a senior company
official in charge at the Contractar's plant or location involved, or
by an officer of general partner of the Contractor having overall
responsibility for the conduct of the Contractor's affairs.
(e) For Contractor claims of $50,000 or less, the Contracting
Officer must render a decision within 60 days. For Contractor claims in
excess of $50,000, the Contracting Officer must decide the claim within
60 days or notify the Contractor of the date when the decision will
be made.
(f) The Contracting Officer's decision shall be final unless the
Contractor appeals or files a suit as provided in the Act..
, (g) The authority of the Contracting Officer under the Act does
not extend to claims or disputes which by statute or regulation other
agencies are expressly authorized to decide.
(h) Interest on the amount found due on a Contractor claith shall
be paid from the date the claim is received by the Contracting Officer
until the date of payment.
•
(i) Except as the parties may otherwise agree, pending final
resolution of a claim by the Contractor arising under the Contract, the.
Contractor shall proceed diligently with the performance of the
Contract in accordance with the Contracting Officer's decision.
Paragraph 13 - UTILIZATION OF MINORITY BUSINESS ENTERPRISES - and
Paragraph 14 - UTILIZATION OF SMALL BUSINESS CONCERNS - are hereby
deleted and the following clause, implementing Section 211 of P. L.
95-507, is substituted therefor.
UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL BUSINESS CONCERNS
OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED
INDIVIDUALS
(a) It is.the policy of the United States that small business
concerns and small business concerns owned and controlled by socially
and economically disadvantaged individuals shall have the maximum
practicable opportunity to participate in the performance of contracts
let by any Federal agency.
(b) The Contractor hereby agrees to carry out this policy in
the awarding of subcontracts to the fullest extent consistent with
the efficient performance of this Contract. The Contractor further
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agrees to tooperte in any studies or surveys that may be conducted by
the Small Business Administration or the contracting agency which may
be necessary'to determine the.extent of the Contractor's compliance with
this clause.
(c) (1) As used in this Contract, the term "small business concern"
shall mean a small business as defined pursuant to Section 3 of the
Small Business Act andlrelevant regulations promulgated pursuant thereto.
(c) (2) The term "'small business concerh owned and controlled
by socially and economically disadvantaged individuals" shall mean
a small business concern:
(i) which:is at least 51 per centum owned by one or
more socially and economically disadvantaged individuals; or in the
case of any publicly owned business, at least 51 per centum of the
stock of which is owned by one or more socially and economically
disadvantaged individuals; and
(ii) whose management and daily business operations
are controlled by. one or more such individuals.
The Contractor shall presume that socially and economically
disadvantaged individuals include Black Americana, Hispanic Americans,
Native Americans, Asian -Pacific Americans, and other minorities, or
any other individual found to be disadvantaged by the Small Business
Administration pursuant to Section 8 (a) of the Small Business Act.
(d) Contractors acting in good faith may rely on written
representations by their subcontractors regarding their status as a
small business concern or a small business concern owned and con-
trolled by socially and economically disadvantaged individuals.
Paragraph 15 - UTILIZATION OF LABOR SURPLUS AREA CONCERNS
The contents of paragraph 13 are deleted in its entirety and the
following substituted therefor:
(The following clause is applicable if this contract exceeds $10,000.)
(a) It is the policy of the Government to award contracts to labor
surplus area concerns that agree to perform substantially in
labor surplus areas, where this can be done consistent with the
efficient performance of the contract and at. prices no higher
than are obtainable elsewhere. The Contractor agrees to use
his best efforts to place his subcontracts in accordance with
this policy.
(b) In complying with paragraph (a) of this clause and with
paragraph (b) of the clause of this cohtract entitled:
"Utilization of Small Business Concerns and Small Business Concerns
Owned and Controlled by Socially and 'Economically Disadvantaged
Individuals," the Contractor in placing his subcontracts shall
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observe the following order of preference: (1) Small business
concerns that are labor surplus area concerns, (2) Other small
business concernsrand (3) Other labor surplus area concerns.
(c) (1) The term "labor surplus area" means a geographical area
identified by the Department of Labor as an area of
concentrated unemployment or underemployment or an area of
labor surplus.
(2) The term "labor surplus area concern" means a concern that
together with its first-tier subcontractors will perform
substantially iri. labor surplus area.
(3) The term "perform substantially in labor surplus areas"
means that the costs incurred on account of manufacturing,
production, or appropriate services in labor surplus areas
exceed 50 percent of the contract price.
Paragraph 16 - EMPLOYMENT OF THE HANDICAPPED
Subparagraph (f), is amended by deleting the figure "$2,500" following
the words "order of" and substituting therefor the figure, "$10,000."
Paragraph 18 - ANTI -DEFICIENCY ACT (31 U.S.C. 665)
Nothing herein contained shall be construed as binding the Government
to expend, in any one fiscal year, any sum in excess of the appropriation
made by Congress for that fiscal year in furtherance of the sub:eat
matter of the Contract or to involve the Government in any contract or
other obligation for the future expenditure of money in excess of
such appropriation.
Paragraph 19 - GRATUITIES (10 U.S.C. 2207)
(This clause is applicable to the extent that utility services are used
wholly or in part by installations of the Department of Defense.)
la) The Government may, by written notice to the Contractor,
terminate the right of the Contractor to proceed under this Contract if
it is found, after notice and hearing, by the Head of the agency orihis
duly authorized representative, that gratuities (in the form of enter-
tainment, gifts, or otherwise) were offered or given by the Contractor,
or any agent or representative of the Contractor, to any officer or
employee of the Government with a view toward securing a contract or
securing favorable treatment with respect to the awarding or amending,
or the making of any determinations with respect to performing, of
such contract; provided that the existence of the facts upon which
the Head of the agency or his duly authorized representative make
such findings shall be in issue and may be reviewed in any competent
court.
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(b) .1n the event this Contract is terminated as provided in
paragraph (a) hereof, the Government•shall be entitled: (i) to pursue
the same remedies against the Contractor as it could pursue in the
event of a breach of this Contract by the Contractor, and (ii) as a
penalty in addition to any other damages to which it May be entitled
by law/ to exemplary damages in an amount (as determined by the Head
of the agency or his duly authorized representative) which shall be
not less than three nor more than ten times the cost incurred by the
Contractor in providing any such gratuities to any such officer or
employee.
• (c) The rights and remedies of the Government provided in this
clause shall not be exclusive and are in addition to any other rights
and remedies provided by law or under this Contract.
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Paragraph 20 - UTILIZATION OF WOMEN -OWNED BUSINESS CONCERNS
(Effective June 1, 1980, for contracts Over $10,000 by Presidential
Executive Order No. 12138)
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(a) It is the policy of the United States Government that women -
owned businesses shall have the maximum practicable opportunity to
participate in the performance of contracts'awarded by any Federal
agency.
(b) The Contractor agrees to use his best efforts to carry out
this policy in the award of subcontracts to the fullest extent consistent
wit:h the efficient performance of this Contract. As used in this
Contract, a "woman -owned business" concern means a business that is at
least 51 percent owned by a woman or women who also control and operate
it. "Control" in this context means exercising the power to make
policy decisions. "Operate" in this context means being actively
involved in the day-to-day management. "Women" means all women
business owners.
Paragraph 21 - WOMEN -OWNED BUSINESS CONCERNS SUBCONTRACTING PROGRAlti
(Effective June 1, 1980/ for contracts Over $500/000 by Presidential
Executive Order No. 12138)
(a) The Contractor agrees to establish and conduct a program which
will enable women -owned business concerns to be considered fairly as
subcontractors and suppliers under this Contract. In this connection,
the Contractor shall:
(1) Designate a liaison officer who will administer the
Contractor's "Women -Owned Business Concerns Program."
(2) Provide adequate and timely consideration of the
potentialities of known women -owned business concerns in all "make -
or buy" decisions.
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a4(3) Develop a list of qualified bidders that are women -owned
businesses and assure that known women -owned business concerns have an
equitable opportunity to compete for subcontracts, particularly by
making information on forthcoming opportunities available, by arranging
solicitations, time for the preparation of bids, quantities, specifi-
cations, and delivery schedules so as to facilitate the participation
of women -owned business concerns.
(4) Maintain records showing (i) procedures which have been
adopted to comply with the policies set forth in this clause, including
the establishment of a source list of women -owned business concerns;
(ii) awards to women -owned businesses on the source list by minority
and non -minority women -owned business concerns; and (iii) specific
efforts to identify and award contracts to women -owned business concerns.
(5) Include the "Utilization of Women -Owned Business Concerns"
clause in subcontracts which offer substantial subcontracting opportunities
(6) Cooperate in any studies and surveys of the Contractor's
women -owned business concerns procedures and practices that the
Contracting Officer may from time -to -time conduct.
(7) Submit periodic reports of subcontracting to women -
owned business concerns with respect to the records referred to in the
subparagraph (4) above, in such form and manner and at such time
(not more often than quarterly) as the Contracting Officer may prescribe.
(b) The Contractor further agrees to insert, in any subcontract
hereunder which may exceed $500,000 or $1,000,000 in the case of contracts
for the construction of any public facility and which offers substantial
subcontracting pOssibilities, provisions which shall conform substantially
to the language of this clause, including this paragraph (b), and to
notify the Contracting Officer of the names of such subcontractors.
(c) The Contractor further agrees to require written certification
by its subcontractors that they are bona fide women -owned and controlled
business concerns in accordance with the definition of a women -owned
business concern as set forth in paragraph (b) of the Utilization of
Women -Owned Business Concerns clause (Paragraph 20 above) at the time
of submission of bids or proposals.
Paragraph 22 - SUBCONTRACTING PLAN FOR SMALL BUSINESS CONCERNS AND
SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY
AND ECONOMICALLY DISADVANTAGED INDIVIDUALS
(Applicable to contracts exceeding $500,000 pursuant to Section 211 of
Public Law 95-507)
Attached hereto and made a part hereof by reference is a subcontracting
plan dated , negotiated between the Contractor and
the Government which is applicable to contracts exceeding $500,000. The
subcontracting plan is available for inspection at the respective offices
of the Contractor and the Government at the addresses shown in this
Contract.
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GSA Form 1685-A (5-82)
Doc 6090A Disk 0234A