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NAVFAC Design-Build Model Request for Proposal - Small Project Template

00 00 00 GENERAL REQUIREMENTS

1.1 Definitions

As used throughout the contract, the following terms have the meaning set forth below: Contracting Officer (KO): The individual designated to administer the contract. Throughout this contract this individual will be responsible and possess the authority to act on behalf of the Government with respect to the specific contract.

Contracting Officer Representative (COR): The individual designated by the Contracting Officer as the authorized representative of the Contracting Officer. The COR is responsible for monitoring performance and technical management of the effort required and should be contacted regarding questions or problems of a technical nature.

Contract: Contract or task order.

Contractor: The term Contractor refers to both the prime Contractor and all subcontractors, whether in contract with the Prime Contractor or other subcontractors at any tier, including the Designer of Record.

Designer of Record (DOR): Licensed architect/engineer working as subcontractor to or partner with prime Contractor who provides design for this contract.

Quality Control (QC): Contractor's system to control the quality of design, material, equipment and construction.

Quality Assurance (QA) Program: Government's program to evaluate the effectiveness of the Contractor's quality control. The Government's QA Program is not a substitute for the Contractor's QC Program.

Federal Holidays: New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

1.2 Accessibility

Provide barrier-free design in accordance with UFC 1-200-01 DoD Building Code.

1.3 Changes

No oral statement by any person other than the Contracting Officer, as provided in the Federal Acquisition Regulation (FAR) clause 52.243-5 entitled, "CHANGES AND CHANGED CONDITIONS," will in any manner or degree modify or otherwise affect the terms of this contract.

1.4 No Waiver by the Government

The failure of the Government in any one or more instances to insist upon strict performance to any of the terms of this contract or to exercise any option herein conferred is not to be construed as a wavier or relinquishment to any extent of the right to assert or rely upon such terms or options on any future occasion.

1.5 Equitable Adjustments

  1. Whenever the Contractor submits a claim for equitable adjustment under a clause which provides for equitable adjustment of the contract, such claim must include all types of adjustments in the total amounts to which the clause entitles the Contractor, including, but not limited to, adjustment arising out of delays or disruptions.
  2. Except as the parties may otherwise expressly agree, the Contractor must be deemed to have waived: (1) any adjustments to which he otherwise might be entitled under the clause where such claim fails to request such adjustments; and (2) any increase in the amount of equitable adjustments additional to those requested in its claim.
  3. If required by the Contracting Officer, the Contractor agrees to execute a release, in form and substance satisfactory to the Contracting Officer, as part of the supplemental agreement setting forth the aforesaid equitable adjustment. The Contractor further agrees that such release will discharge the Government, including its officers, agents, and employees, from any further claims, including, but not limited to, further claims arising out of delays or disruptions caused by the aforesaid change.

1.6 Warranty

Warrant all materials and work for not less than one year after final acceptance of the work, except as otherwise indicated in this RFP. If required to provide remedial repair of previously installed work due to latent defect or unacceptable work performance, warrant the repaired work for one year after the completion and acceptance of the repair. For warranted items, furnish the manufacturer’s original written warranty accompanied by a copy of the supplier's receipt showing place of purchase, telephone number of supplier, address, delivery order number if applicable, and ticket number.

 

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