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(1} Diréct Costs. Materials (ist individual items, the
quantity and unit cost of each, and the aggregate
cosi); Transportation and delivery costs associated
with materials; Labor breakdowns by hours or unit
costs {identified with specific work to be performed):
Construction equipment exclusively necessary for the
change; Cosis of preparation and/ or revision to shop
drawings resulting from the change: Worker's
Compensation and Public Liability Insurance;
Employment taxes under FICA and FUTA; and, Bond
Costs when size of change warrants revision.
(2) indirect Costs. Indirect costs may include overhead,
general and administrative expenses, and fringe
benefits not normally treated as direct costs.
(3) Profit. The amount of profit shall be negotiated and
may vary according to the nature, extent, and
complexity of the work required by the change. The
allowability of the direct and indirect costs shall be
determined in accordance with the Contract Cost
Principles and Procedures for Commercial Firms in Part
31 of the Federal Acquisition Regulation (48 CFR 1-31),
as implemented by HUD Handbook 2210.18, in effect on
the date of this contract. The Contractor shall nat be
allowed a profit on the profit received by any
subcontractor. Equitable adjustments for deleted work
shall include a credit for profit and may include a credit for
indirect costs. On proposals covering both increases and
decreases in the amount of the contract, the application of
indirect costs and profit shall be on the nef-change in
direct costs for the Contractor or subcontractor
performing the work.
(g) The Contractor shall include in the proposal its request
for time extension (if any), and shall include sufficient
information and dates to demonstrate whether and to
what extent the change will delay the completion of the
contract in its entirety.
(h) The Contracting Officer shall act on proposals within 30
days after their réceipt, or notify the Contractor of the
date when such action will be taken.
@ Failure to reach an agreement on any proposal shall be a
dispute under the clause entitled Disputes herein.
Nothing in this clause, however, shall excuse the
Contractor from proceeding with the contract as changed.
() Except in an emergency endangering life or property, no
change shall be made by the Contractor without a prior
order from the Contracting Officer.
30. Suspension of Work
{e) The Contracting Officer may order the Contractor in
writing to suspend, delay, or interrupt all or any part of the
work of this contract for the period of time that the
Contracting Officer determines appropriate for the
convenience of the PHA.
(b) If the performance of all or any part of the work is, for an
unreasonable period of time, suspended, delayed, or
interrupted (1) by an act of the Contracting Officer in the
administration of this contract, or (2) by the Contracting
Officer's failure to act within the time specified (or within a
reasonable time if not specified) in this contract an
adjustment shall be made for any increase in the cost of
performance of the contract (excluding profit) necessarily
caused by such unreasonable suspension, delay, or
interruption and the contract modified in writing
accordingly. However, no adjustment shall be made
under this clause for any suspension, delay, or
interruption to the extent that performance would have
been so suspended, delayed, ar interrupted by any other
cause, including the fault or negligence of the Contractor
or for which any equitable adjustment is provided for or
excluded under any other provision of this contract.
(c} A claim under this clause shall not be allowed (1) for any
costs incurred more than 20 days before the Contractor
shall have notified the Contracting Officer in writing of
the act or failure to act involved (but this requirement
shall not apply as to a claim resulting from a suspension
order}; and, (2) unless the claim, in an amount stated, is
asserted in writing as soon as practicable after the
termination of the suspension, delay, or interruption, but
not later than the date of final payment under the
contract.
31. Disputes
(a) “Claim,” as used in this clause, means a written demand
or written assertion by one of the contracting parties
seeking, as a matter of right, the payment of money in a
sum certain, the adjustment or interpretation of contract
terms, or other relief arising under or relating to the
contract. A claim arising under the contract, unlike a
claim relating to the contract, is a claim that can be
resolved under a contract clause that provides for the
relief sought by the claimant. A voucher, invoice, or other
routine request for payment that is not in dispute when
submitted is not a clair. The submission may be
converted to a claim by complying with the requirements
of this clause, if it is disputed either as to liability or
amount or is not acted upon in a reasonable time.
Except for disputes arising under the clauses entitled _
Labor Standards - Davis Bacon and Related Acts, herein,
all dispules arising under or relating to this contract,
Including any claims for damages for the alleged breach
thereof which are not disposed of by agreement, shall be
resolved under this clause.
(c) All claims by the Contractor shall be made in writing and
submitted to the Contracting Officer for a written decision.
Acclaim by the PHA against the Contractor shall be
subject to a written decision by ihe Contracting Officer.
(d) The Contracting Officer shall, within 60 (unless otherwise
indicated) days after receipt of the request, decide the
claim or notify the Contractor of the date by which the
decision will be made.
{e) The Contracting Officer's decision shall be final unless
the Contractor (1} appeals in writing to a higher level in
the PHA in accordance with the PHA’s policy and
procedures, (2) refers the appeal to an independent
mediator or arbitrator, or (3) files suit in a court of
competent jurisdiction. Such appeal must be made within
(30 unless otherwise indicated) days after receipt of the
Contracting Officer's decision,
() The Contractor shall proceed diligently with performance
of this contract, pending final resolution of any request for
relief, claim, appeal, or action arising under or relating to
the coniract, and comply with any decision of the
Contracting Officer.
32. Default
=
(a) If the Contractor refuses or fails to prosecute the work, or
any separable part thereof, with the diligence that will
insure its completion within the time specified in this
contract, or any extension thereof, or fails ic complete
said work within this time, the Contracting Officer may, by
written notice to the Contractor, terminate the right to
Previous editions are obsolete
Replaces form HUD-5370-A
Page 14 of 19
form HUD-5370 (1/2044)Jump to an indexed page (88 of 88)