GSA 552.211-70 Substantial Completion. Basic (Mar 2019) (Current)

As prescribed in 511.404, the contracting officer shall insert the clause at 552.211-70, Substantial Completion in solicitations and contracts when a fixed-price construction contract is contemplated.
 

Substantial Completion (Mar 2019)

      (a)  General.

           (1) For the purposes of FAR 52.211-10, Commencement, Prosecution and Completion of Work, and FAR 52.211-12, Liquidated Damages-Construction, the work shall be deemed complete when it is “substantially complete.”

           (2)  There may be different completion dates required for different phases or portions of the work, as established in the contract. However, the work shall be deemed “substantially complete” if and only if the Contractor has completed the work and related contract obligations in accordance with the contract documents, such that the Government may enjoy the intended access, occupancy, possession, and use of the entire work without impairment due to incomplete or deficient work, and without interference from the Contractor's completion of remaining work or correction of deficiencies in completed work.

           (3)  In no event shall the work be deemed “substantially complete” if all fire and life safety systems are not tested and accepted by the authority having jurisdiction, where such acceptance is required under the contract.

           (4)  Unless otherwise specifically noted, or otherwise clear from context, all references in the contract to “acceptance” shall refer to issuance of a written determination of substantial completion by the Contracting Officer.

      (b)  Notice of Substantial Completion.

           (1)  With reasonable advance notice, the Contractor shall submit to the Contracting Officer a written proposal recommending a substantial completion date.

           (2)  If the Contracting Officer takes exception to the notice of substantial completion, the Contractor shall be entitled to a written notice of conditions precluding determination of substantial completion. The Contractor shall only be entitled to an extension of time to address such conditions if, and to the extent that, the Contracting Officer provides notice of such conditions more than 30 calendar days after receipt of the notice of substantial completion.

      (c)  Acceptance of Substantial Completion.

           (1)  The Contracting Officer shall conduct inspections and make a determination of substantial completion within a reasonable time.

           (2)  Substantial Completion shall be established by the Contracting Officer's issuance of a written determination specifying the date upon which the work is substantially complete.

      (d)  Contract Completion.

           (1)  The Contract is complete if and only if the Contractor has completed all work and related contract obligations, corrected all deficiencies and all punch list items, and complied with all conditions for final payment.

           (2)  The Contractor shall not be entitled to final payment or release of any retainage held by the Government until after contract completion. If the Contractor does not achieve contract completion within the time required by this contract, the Government shall be entitled, after providing notice to the Contractor, to complete any work remaining unfinished. The Contractor shall be liable to the Government for all costs incurred by the Government to complete such work.

(End of clause)

 

NONE

Prime’s Interest;
Services ✖ Supplies ✖ C/R ✖ Time and Materials ✖ Construction ✔ 

52.209-1 Qualification Requirements.

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

52.246-1 Contractor Inspection Requirements.

52.246-11 Higher-Level Contract Quality Requirement.

52.246-12 Inspection of Construction.

52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements.

52.246-14 Inspection of Transportation.

52.246-15 Certificate of Conformance.

52.246-16 Responsibility for Supplies.

52.246-2 Inspection of Supplies-Fixed-Price.

52.246-3 Inspection of Supplies-Cost-Reimbursement.

52.246-4 Inspection of Services-Fixed-Price.

52.246-5 Inspection of Services-Cost-Reimbursement.

52.246-6 Inspection-Time-and-Material and Labor-Hour.

52.246-7 Inspection of Research and Development-Fixed-Price.

52.246-8 Inspection of Research and Development-Cost-Reimbursement.

52.246-9 Inspection of Research and Development (Short Form).

52.247-4 Inspection of Shipping and Receiving Facilities.

52.248-3 Value Engineering-Construction.

52.246-26 Reporting Nonconforming Items.

52.204-26 Covered Telecommunications Equipment or Services-Representation.

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

52.204-28 Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts.

52.204-30 Federal Acquisition Supply Chain Security Act Orders-Prohibition.

52.223-23 Sustainable Products and Services.

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities.

252.270-7000 Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Representation.

252.270-7001 Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Subcontracting Certification.

252.270-7002 Pilot Program to Incentivize Contracting with Employee-Owned Businesses.

252.225-7065 Restriction on Acquisition of Fuel for Overseas Contingency Operations.

252.232-7018 Progress Payments-Multiple Lots.

252.217-7005 Inspection and Manner of Doing Work.

252.228-7005 Mishap Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles.

252.239-7000 Protection Against Compromising Emanations.

252.215-7015 Program Should-Cost Review.

1852.246-71 Government Contract Quality Assurance.

1852.246-72 Material Inspection and Receiving Report.

1852.246-74 Contractor Counterfeit Electronic Part Detection and Avoidance

5252.246-9512 INSPECTION AND ACCEPTANCE (NAVAIR)(OCT 2005)

5252.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)

5252.246-9503 Significance of Systems Engineering Technical Reviews Required under this Contract (NAVAIR)

3052.217-92 Inspection and manner of doing work (USCG).

3052.217-96 Title (USCG).

3052.217-100 Guarantee (USCG).

5152.236-5900 Electrical and Structural Building Standards for Construction Projects

552.238-119 Single-use Plastic (SUP) Free Packaging Availability.

552.238-120 Economic Price Adjustment—Federal Supply Schedule Contracts.

552.270-9 Inspection—Right of Entry.

552.246-70 Source Inspection by Quality Approved Manufacturer.

552.236-11 Use and Possession Prior to Completion.

552.236-6 Superintendence by the Contractor.

552.236-15 Schedules for Construction Contracts.

552.236-21 Specifications and Drawings for Construction.

552.238-95 Separate Charge for Performance Oriented Packaging (POP).

552.238-96 Separate Charge for Delivery within Consignee's Premises.

552.238-100 Transshipments.

552.238-109 Authentication Supplies and Services.

552.238-110 Commercial Satellite Communication (COMSATCOM) Services.

752.226-70 Trade and Investment Activities and the ‘‘Impact on U.S. Jobs’’ and ‘‘Workers’ Rights.’’

752.231-72 Conference Planning and Required Approval

752.239-71 Information and Communication Technology Accessibility.

752.227-71 Planning, Collection, and Submission of Digital Information to USAID.

752.242-71 Activity Monitoring, Evaluation, and Learning Plan.

752.7003 Documentation for Payment.

752.7006 Notices.

752.7007 Personnel Compensation.

752.7010 Conversion of U.S. Dollars to Local Currency.

752.7015 Use of Pouch Facilities.

752.7025 Approvals.

752.7030 Inspection Trips by Contractor's Officers and Executives.

952.203-1 Identification of contractor employees.

970.5204-3 Access to and ownership of records.

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