SUPPLEMENTAL TERMS & CONDITIONS FOR CONSTRUCTION AND
ENVIRONMENTAL SUBCONTRACTS
NOTE: THIS SUPPLEMENT IS TO BE USED IN ADDITION TO ATK FORM TC-
1. THIS SUPPLEMENT SHOULD NOT BE USED IN A STAND-ALONE
CAPACITY.
Terms and Conditions Index:
Section 1
Section 2
GENERAL PROVISIONS – Applicable to ALL Contracts
CONSTRUCTION PROVISIONS – Applicable to Construction
Section 3
Section 4
Contracts
ENVIRONMENTAL PROVISIONS – Applicable to
Environmental Contracts
ADDITIONAL FAR PROVISIONS – Applicable to all
Government funded Contracts
1. GENERAL PROVISIONS – Applicable to ALL Contracts
1.1 SUBMISSSION REQUIREMENTS
By submission of its offer, the bidder or offeror certifies as follows:
(a)
(b)
Any facility to be used in the performance of this
Contract/proposed Contract is not listed on the Environmental
Protection Agency List of Violating Facilities. In the event any facility to be used in the performance of this proposed Contract Is listed on the EPA List of Violating Facilities, Contractor shall so advise ATK in writing.
Seller shall promptly notify ATK of the receipt of any communication from the Director, Office of Federal Activities, or
(c)
Environmental Protection Agency, indicating that any facility, which Seller proposes to use for the performance of the contract, is under consideration to be listed on the EPA List of Violating
Facilities.
Seller shall include the substance of this certification, including this paragraph (c), in subcontracts over $100,000.
1.2
1.3
LABOR DISPUTES
Whenever any actual or potential labor dispute develops or threatens to delay the timely performance of this Order, Seller shall immediately give notice thereof to ATK. Seller shall include the substance of this provision in its orders issued hereunder.
During the period of this Contract, it will be necessary for ATK personnel and outside Contractor personnel to work in the same vicinity as Contractor’s personnel on a noninterference basis. No labor dispute or work stoppage resulting from this condition will be permitted on job site. ATK reserves the right to require immediate removal of any employee or Contractor who is judged by ATK to be incompetent or undesirable.
Seller is required to continue to provide services per the Contract in the event of an ATK labor dispute (if applicable to the requesting ATK site).
ACCIDENT REPORTING/ASSISTANCE
The performance of the work called for herein shall be performed, in whole or in part, by the Contractor and/or Contractor's Subcontractors on the premises under the control of ATK. Contractor agrees that in the event of an industrial accident that does not involve any ATK personnel and/or property, but does involve Contractor and/or Contractor’s subcontractor, Contractor shall be fully responsible for all reports, notices and/or actions required to be taken to fully comply with all state and/or Federal Laws and Regulations relevant to industrial accidents.
Any accident, incident or exposure resulting in fatality, lost-time occupational injury, occupational disease, contamination or damage of or to property or parts which may affect performance under this
Contract shall be reported immediately to the cognizant Procurement
Representative or Manager of Procurement.
1.4
It is further agreed that, in the event of an industrial accident, that
ATK's medical and physical facilities and personnel will be available to assist the Contractor and/or Contractor’s subcontractor if requested to do so. However, such assistance shall not be construed as relieving the Contractor and/or his subcontractor from the sole responsibility for compliance with state and/or Federal Laws and Regulations relating to industrial accidents.
FACILITIES FOR CONTRACTOR'S SMOKING PERSONNEL
The Contractor shall comply in every respect with ATK's regulations, which prohibit the carrying, and/or maintaining of open flame materials
FORM FFI-0013-110 (REV 12-10)
1.5
1.6
1.7
1.8
1.9
1.10
1.11 or equipment (cigarette lighters, matches, etc.) within the fenced areas.
Other locations may be designated as "Smoking Prohibited Areas." The
Contractor shall be responsible for providing smoking areas for its personnel. ATK’s Safety Engineer must approve these areas.
SUBCONTRACTS
The Contractor agrees that no subcontract placed under this Contract shall provide for payment on a cost-plus-percentage-of-cost basis.
PROTECTION OF MATERIAL AND WORK
Notwithstanding the provisions of the clause of this Contract entitled
"Government Property," the Contractor shall, at times, take care to protect and preserve all materials, supplies, and equipment of every description (including property which may be Government or ATK furnished or owned) and all work performed. All reasonable requests of
ATK to enclose or specially protect such property will be complied with.
If, as determined by ATK, material, equipment supplies, and work performed are not adequately protected by the Contractor, such property may be protected by ATK and the cost thereof charged to the
Contractor or deducted from any payments due to the Contractor.
SCOPE OF WORK
Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings or specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of work, but shall be performed as if fully and clearly set forth and described in the drawings and specifications. Such omitted or misdescribed work supplied by the Contractor shall be without cost to ATK. Any change in drawings or specifications directed by ATK shall be made in accordance with the clause in FFI-0013 entitled "Contract Changes."
FINAL EXAMINATION AND ACCEPTANCE RELATING TO
PAYMENT
Within thirty days after completion of all work under this Contract, if possible, the work will be given a final examination. When all of the work is found to be satisfactorily completed in accordance with the specifications, including "Release of Liens" from all subcontractors
(both for labor and/or materials supplied) and the Contractor, the entire work will receive final acceptance by ATK and final payment will be made to the Contractor.
Final acceptance of the work and deductions or corrections of deductions made thereon will not be reopened after having once been made, except on evidence of collusion, fraud, or obvious error in connection with such final acceptance or payment.
For purposes of this clause, final acceptance refers only to final acceptance which will allow the Contractor to be paid and does not refer to the final acceptance in relation to inspection of material/work.
PROTECTION OF EXISTING STRUCTURES, UTILITIES, AND
WORK
The Contractor shall protect all existing structures, utilities, and work of any kind against damage or interruption of services. Damage or interruption of service resulting from failure to do so shall be repaired or restored promptly by, and at the expense of, Contractor.
FIREFIGHTING EQUIPMENT
ATK shall make available its firefighting equipment in the event of a fire involving the Contractor's material, provided that such equipment shall at all times be available for ATK requirements. ATK shall in no event be responsible for maintaining fire surveillance of Contractor-owned material, whether located on the site or in the Contractor's storage areas. The unavailability of ATK firefighting equipment at the time of need by the Contractor shall in no event be the cause of creating a liability on the part of ATK to the Contractor.
HAZARDOUS LOCATION
The Contractor shall be responsible for becoming familiar with all safety regulations of ATK. Buildings are coded according to the degree of hazards involved and the Contractor will comply with the instructions of the Safety Engineer where such instructions are intended to protect the
Contractor and ATK from possible hazards. ATK's Safety Engineer will
Page 1 of 3

SUPPLEMENTAL TERMS & CONDITIONS FOR CONSTRUCTION AND
ENVIRONMENTAL SUBCONTRACTS be available at all reasonable times to assist the Contractor in complying with safety regulations.
(a) The Contractor may, at times, be working in an explosive manufacturing area at a distance from manufacturing facilities which is less than the inhabited building distance as set in the
AFP-127- 100 for the type of materials involved. This instance, however, will generally be greater than that required for ATK personnel and is considered to be adequate for the type of work being performed. The Contractor shall coordinate access to all areas with ATK's resident engineer and shall conform to all restrictions imposed by the resident engineer.
1.12 CHEMICAL SAFETY
1.13
All chemicals used by Contractor shall be listed and shall be accompanied by a Material Safety Data Sheet (MSDS). This list shall be given to the Facility Engineer and will be kept by ATK Safety.
Particularly hazardous materials (e.g., radioactive, extremely toxic, noxious, explosive, or highly reactive chemicals) shall always be brought to the attention of the ATK Safety department prior to use on
ATK property.
ADDITIONAL SECURITY REQUIREMENTS
ATK shall notify the Contractor of the locations of "Closed" areas and the appropriate security clearance and procedures required to permit access to such areas by Contractor personnel. Contractor personnel requiring clearance for access to "Closed" areas shall obtain security clearance and be issued and required to display identifying badges as prescribed by ATK.
2. CONSTRUCTION PROVISIONS – Applicable to Construction Contracts
2.1 BONDS
CONTRACTOR shall furnish all executed bonds required by this
Contract within the time period and at the value specified in this RFQ, resulting contract, or as otherwise specified by the cognizant
Procurement Representative, but in any event before starting work.
Unless specified otherwise in the text of this RFQ or resulting contract, the following bonds are required if the contract amount exceeds
$100,000:
(a) Payment Bond: The Contractor agrees to furnish a payment bond acceptable to ATK for the protection of persons/subcontractors furnishing material or labor in connection with the work under this Contract. The penal amount of the payment bond will be:
(b)
(1)
(2)
50 percent of the contract price if contract price is $1 million or less;
40 percent of the contract price if the contract is over $1 million but less that $5 million;
(3) $2.5 million if the contract price is $5 million or more.
Performance Bond: The Contractor further agrees to furnish a performance bond acceptable to ATK for the work under this
Contract. The penal amount of the performance bond will be
100% of the original value of this Contract.
ATK may require additional payment and/or performance bonds or an increase in the penal amount of existing bonds if this Contract is amended to increase the contract price.
2.2 STANDARD TEST, QUALITY, AND GUARANTEES
Tests or trials to determine the effectiveness of performance of completed assembly or fabricated system shall be made by the
Contractor at no additional cost to ATK.
All articles, supplies, equipment, parts and assemblies thereof, of standard manufacture or for which detailed design or requirements are not prescribed in the specifications incorporated into this Contract, shall be guaranteed by the Contractor against any failure in the proper use or operation caused by defective material, workmanship, or design for a period of one year from date of final acceptance of the complete work under this Contract. Failure in any part due to such causes within that time shall be promptly and satisfactorily remedied by the Contractor at no additional cost to ATK.
The Contractor shall furnish written certification that the work was completed in compliance with the plans and specifications, if requested by ATK.
FORM FFI-0013-110
2.3
2.4
2.5
2.6
BASE LINES AND GRADES
The Contractor shall lay out its work from base lines and grades established by ATK and shall be responsible for all measurements in connection therewith. The Contractor shall, at its own expense, furnish all stakes, templates, platforms, equipment, and ranges and labor that may be required in setting and cutting or laying out any part of the work. The Contractor will be held responsible for the proper execution of the work to such lines and grades as may be established or indicated by ATK, and all stakes or other marks thus established shall be preserved by it until their removal is authorized by ATK. ATK will furnish, on request from the Contractor, all location and limit marks reasonably necessary for the conduct of the work.
WATER
All reasonably required amounts of water will be made available to the
Contractor by ATK from ATK-owned and operated water systems without cost to the Contractor. The Contractor will carefully conserve all water. The Contractor shall make all connections to the existing ATKowned water system for its use and remove same upon completion of the work, leaving disturbed areas in a condition acceptable to ATK.
ELECTRICITY
All reasonably required amounts of electric power will be made available to the Contractor by ATK from ATK-owned or operated electrical system and supplied without cost to the Contractor. The
Contractor shall install and maintain at its own expense any necessary supply connections and facilities but only at such locations and in such workmanlike manner as may be authorized by ATK. All electricity shall be carefully conserved. Before final acceptance, temporary connections and facilities installed by the Contractor shall be removed in a workmanlike manner to the satisfaction of ATK. If, for any reason,
ATK is unable to furnish all reasonable amounts of electric power required by the Contractor in the performance of this Contract, it shall be the responsibility of the Contractor, upon written approval by ATK, to provide an adequate supply of electric power at no additional cost.
FACILITIES FOR CONTRACTOR'S PERSONNEL PARKING
The Contractor shall provide parking facilities for its employees and business visitors in the Contractor's Administrative and Storage Areas and shall provide transportation there from to the specific construction sites. Provisions shall be made to provide access for the Contractor's automotive equipment on the site. Special provisions shall be made to permit Contractor's supervisory personnel to have access to the plant and test areas in their automotive equipment. Vehicles used by supervisory personnel shall be properly marked and shall be subject to inspection by ATK guards and other personnel. Any Contractor equipment or vehicles granted access to the areas shall be subject to all regulations concerning traffic and safety requirements.
2.7
2.8
2.9
DISPOSAL AREAS
The Contractor shall use the disposal areas provided by ATK. All burnable and nonmetallic trash shall be delivered to the burning area in accordance with schedules to be agreed upon between the Contractor and ATK's Plant Engineering Section. Metallic scrap shall be delivered to the Scrap and Salvage Yard located within the main manufacturing area in accordance with schedules to be agreed upon with ATK’s Plant
Engineering Section. The Contractor shall be required to observe
"good housekeeping" practices on all areas and shall comply with all
ATK instructions regarding the removal of trash as may be given by
ATK's Safety Engineer.
If no disposal areas are provided by ATK, the Contractor shall be responsible for properly disposing of any and all debris off-plant.
BORROW AREAS
The Contractor may use gravel from ATK's gravel pit in reasonable amounts as required to complete the work, subject to the specific approval of ATK. Dirt fill and other fill from other areas may be used by the Contractor subject to the specific approval of ATK.
JOB TELEPHONE
The Contractor shall furnish its own telephone at its administrative and storage area provided that lines are available on the site for such service. It shall be the Contractor's responsibility to make all necessary arrangements with the telephone company as may be required to
Page 2 of 3

SUPPLEMENTAL TERMS & CONDITIONS FOR CONSTRUCTION AND
ENVIRONMENTAL SUBCONTRACTS provide adequate service. In the event lines are not available directly to the telephone company plant, a line may be furnished through the ATK switchboard. In this latter event the Contractor shall be required to maintain a record of all telephone toll calls and coordinate with ATK accounting personnel in the monthly settlement of any toll and monthly charges incurred by the Contractor in the use of the telephone.
2.10 HAZARDOUS WASTE DISPOSAL
The Contractor will use reasonable effort to reduce generation and discharge of waste to avoid subsequent handling and disposal.
Hazardous waste generated on ATK property in the performance of this Contract will be accepted by ATK who will arrange for and pay for disposal. The hazardous waste is to be correctly identified and delivered to defined sites during regular business hours. The
Contractor is expressly prohibited to take any hazardous waste off of
ATK property without specific written direction. Nothing contained in this clause shall relieve the Contractor from complying with applicable
Federal, State, and local laws, codes, ordinances, and regulations in connection with hazardous material/hazardous waste.
2.11
2.12
SITE OF CONTRACTOR'S ADMINISTRATIVE AND STORAGE
AREAS
ATK shall make available and the Contractor may use certain lands for administrative and storage areas. The specific sites for such areas are to be approved by ATK. The Contractor shall be responsible for maintaining suitable fences or otherwise protecting the rights of cattle owners whose cattle graze the area surrounding the administrative and storage areas. ATK reserves the right at any time to require the administrative and storage areas to be moved or to place restrictions on the amounts of lands to be utilized in any one area. Should any additional cost be occasioned by any action of ATK with respect to the movement of an established location. Such additional cost shall be recognized under the "Contract Changes" clause of this Contract. The right to use ATK lands for Contractor administrative and storage usages shall in no event be the cause of creating any liability on the part of ATK to the Contractor.
AS-BUILT DRAWINGS
Upon completion of the work under this Contract, Contractor shall furnish a complete reproducible set of all shop drawings as finally approved. These drawings shall show all changes and revisions made up to the time the work is completed and accepted.
3. ENVIRONMENTAL PROVISIONS
– Applicable to Environmental
Contracts
3.1 OTHER INDEMNITIES
(a) As allowed by law, Contractor agrees to defend, indemnify, and hold harmless ATK, it’s Officers, Directors, Employees, Agents and
Servants (hereinafter referred to collectively as “ATK”) from and against all liability, loss or expense (including costs and attorney’s fees) for any suit, claim, settlement, award, penalty fine or judgment
(hereinafter referred to collectively as “CLAIM”) due to personal injury (including death at any time resulting there from) or loss of or damage to property (including loss of use) sustained by any person or persons arising out of, resulting from, or in consequence of the performance of the work under this Contract to the extent caused by act or omission (whether negligent or otherwise) or Contractor or
(b)
Subcontractor(s) and/or their employees, agents or servants.
Contractor agrees to defend, indemnify, and hold harmless ATK (as defined above) from and against all liability, loss or expense
(including costs and attorney’s fees) for any claim (as defined above) because of contamination of, adverse effects on, or damage
(c)
(d) to the environments or the violation of any environmental law or regulation, sustained or brought by any persons arising out of, resulting from or in consequence of the performance of the work under this Contract to the extent caused by act of omission
(whether negligent or otherwise) or Contractor or Subcontractor and/or their employees, agents or servants.
Upon request, Contractor shall permit ATK to participate in the defense or settlement of any claim against ATK, which is subject to the provisions of this article.
Contractor shall obtain indemnity protection from all Subcontractors for the benefit of ATK.
(e) The provisions of this article shall survive the expiration or termination of this Contract.
FORM FFI-0013-110
4.
3.2 ENVIRONMENTAL MANAGEMENT SYSTEM
Contractor warrants that it will conform with ATK’s Environmental
Policy provided and further acknowledges that compliance with environmental rules and regulations is a significant aspect of ATK’s
Environment Management System. At all times, Contractor will comply with applicable regulations during preparation, shipment, and disposal of waste materials.
3.3
3.4
TRANSFER OF TITLE
Contractor shall take title to ATK’s waste materials which conform to the descriptions and specifications stated in the Profile Sheet upon completion of loading into Contractor’s transportation vehicles, or if transported by ATK, upon acceptance at the Facility.
COMPOSITION OF WASTE
If ATK’s waste materials do not conform to the descriptions and specifications stated in the corresponding Profile Sheet, Contractor and
ATK shall, in good faith, attempt to amend the Profile Sheet and any other pertinent documents and/or correct any improper containerization, marking or labeling to enable Contractor to accept such non-conforming waste materials at a Facility. If the parties cannot, within a reasonable time after Contractor notifies ATK the waste materials are non-conforming, resolve the same as set forth above, ATK shall make prompt arrangements for the removal of such non-conforming waste materials from the Facility at which they are located to another lawful place of storage or disposal. ATK agrees to pay Contractor its reasonable expenses and charges incurred with respect to ATK’s non-conforming waste materials.
3.5 DISPOSAL OF HAZARDOUS WASTE
The Contractor is to supply ATK a copy of the manifest with the signature of the owner, operator, or authorized representative of the designated disposal facility within 35 days of the date the waste was shipped offsite, the status of the waste must be determined. If ATK does not receive a copy, the transporter and the TSD facility must be contacted to confirm that the waste shipment was, in fact, delivered and accepted.
If the waste was not delivered or accepted, the location of the waste must be determined.
If ATK does not receive a copy of the closed manifest within 45 days of the date the waste was accepted by the initial transporter, ATK will submit an exception report to the state environmental agency or the
EPA Regional Administrator.
A transporter who releases hazardous waste at or above the DOT reportable quantity during transportation must: a) notify the National
Response Center at (800) 424-8802 or in Washington, D.C., (202) 426-
2675 and b) submit an incident report to DOT.
ADDITIONAL FAR PROVISIONS – Applicable to all Government funded
Contracts
52.236-2
52.236-3
52.236-5
52.236-6
52.236-7
52.236-8
52.236-9
52.236-10
52.236-11
52.236-12
52.236-13
52.236-21
52.246-12
52.246-16
52.246-21
DIFFERING SITE CONDITIONS
SITE INVESTIGATION AND CONTITIONS AFFECTING
THE WORK
MATERIALS AND WORKMANSHIP
SUPERINTENDENCE BY THE CONTRACTOR
PERMITS AND RESPONSIBLITIES
OTHER CONTRACTS
PROTECTION OF EXISTING VEGETATION,
STRUCTURES, EQUIPMENT, UTILITIES AND
IMPROVEMENTS
OPERATIONS AND STORAGE AREAS
USE AND POSSESSION PRIOR TO COMPLETION
CLEANING UP
ACCIDENT PREVENTION
SPECIFICATIONS AND DRAWINGS FOR
CONSTRUCTION
INSPECTION OF CONSTRUCTION
RESPONSIBILITY FOR SUPPLIES
WARRANTY OF CONSTRUCTION
Page 3 of 3