Versar, Inc. - Armed Services Board of Contract Appeals

FAR 52.236-5, MATERIAL AND WORKMANSHIP (APR 1984):
(C) All [contract work shall be skillful and
workmanlike]. The [CO] may require, in writing, that the
Contractor remove from the work any employee the [CO]
deems incompetent, careless, or ... objectionable.
FAR 52.236-6, SUPERINTENDENCE BY THE CONTRACTOR (APR 1984):
At all times during [contract performance] until the
work is completed and accepted, the Contractor shall directly
superintend the work or assign and have on the worksite a
competent superintendent who is satisfactory to the [CO] and
has authority to act for the Contractor.
FAR 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES,
EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984) (protection clause), which calls
for the contractor to protect vegetation and existing improvements and utilities.
FAR 52.236-11, USE AND POSSESSION PRIOR TO COMPLETION (APR 1984):
(a) The Government [can] take possession of or use
any completed or partially completed part ofthe work. [Prior
thereto], the [CO] shall furnish the Contractor·a list of [work]
remaining to be performed or corrected [there]. [The CO's
failure] to list any item ... shall not relievethe Contractor of
responsibility for [contract complianc~]. The Government's
possession or use shall not be deemed an acceptance ofany
[contract work}. [Emphasis added]
FAR 52.236-21, SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB
1997):
(d) Shop drawings means drawings, submitted to the
Government by the Contractor [ or subcontractor] ...showing
in detail (1) the proposed fabrication and assembly of
structural elements and (2) the installation ... ofmaterials [or]
equipment. It includes drawings [and materials explaining] in
detail specific portions ofthe [contract work] ....
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