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' 34. Notice to Proceed: The written Notice from the Owner or Owner's Representative to the <br /> Contractor authorizing and directing the Contractor to proceed with the Work and <br /> establishing the date on which the Contract Time begins. Multiple and partial Notices to <br /> Proceed may be issued on a single Project. <br /> ' 35. Over-absorbed Overhead: Over recovery of fixed indirect costs that occurs when a <br /> Contractor performs more overall Work than it otherwise would have performed. <br /> 36. Overhead: For the purpose of calculating additional compensation under this section of the <br /> Contract,Overhead shall include only those costs that are expended for the administration of <br /> the business as a whole. Such costs usually accrue or are incurred due to the passage of <br /> time, and cannot be traced to a particular project or Contract. Examples of possible <br /> Overhead costs include, but are not limited to, General and Administrative salaries and <br /> benefits, rent, general company insurance (exclusive of insurance on owned equipment that <br /> is directly job costed), depreciation on office facilities, utilities, maintenance, office supplies, <br /> general company accounting and legal fees (exclusive of amounts expended directly on any <br /> specific project), personal property taxes, general company business licenses, dues and <br /> subscriptions. <br /> ' a. The following costs and expenses are excluded from the definition and calculation of <br /> Overhead. Overhead costs that vary substantially with the volume of Work performed <br /> (as measured by billings) shall not be included in Overhead for the purpose of <br /> determining additional compensation for Extended or Unabsorbed Home Office <br /> ' Overhead or both. <br /> b. Examples of costs that are not included in Overhead include, but are not limited to, <br /> travel and business meetings,telephones, professional fees expended for the benefit of a <br /> specific project,union welfare benefits,payroll taxes and equipment rental. <br /> c. If related party transactions are included in a Contractor's Overhead, they shall be <br /> explicitly identified as related party transactions and shall not exceed amounts that <br /> would be incurred in an arms-length transaction for the provision of the same or similar <br /> goods and services. If such transactions exist and the amounts paid by the Contractor <br /> and included in Overhead are in excess of that which would normally be expended in an <br /> arms-length transaction, an adjustment, in the form of a reduction in the amount for <br /> calculation purposes, shall be included in any calculation in determining the amount of <br /> Allocable Overhead. <br /> d. Overhead shall not include any cost directly attributable to a particular project. If a cost <br /> ' can be traced to a particular Contract, the Contractor may not classify the cost as <br /> Overhead. <br /> e. Indirect or home office costs that vary substantially with the amount of Work <br /> performed shall not be included in the group of costs comprising Overhead. <br /> f. Overhead shall not include costs specifically disallowed by Federal Acquisition <br /> Regulations, Subpart 31.2—Contracts with Commercial Organizations, or its successor. <br /> Further, "Overhead"shall not include the costs of"field support services"that are more <br /> ' closely direct costs in nature, regardless of the manner in which the Contractor normally <br /> accounts for such costs. An example of such disallowed cost would be for material <br /> handling and expediting, which are costs incurred for the direct support and benefit of <br /> specific project(s). <br /> g. In addition to compliance with Federal Acquisition Regulations, Subpart 31.2 examples <br /> of specific costs not allowed in a calculation under this section of the Contract include, <br /> but are not limited to, Incentive Compensation paid to personnel classified as Overhead <br /> and otherwise includable under this section of Contract, travel and business meetings, <br /> employer paid benefits and taxes on direct payroll costs of any project, insurance costs <br /> directly identifiable to a specific project, penalties, and costs incurred regarding <br /> ' company owned equipment normally classified as a direct project costs. <br /> PROCESS WATER PUMP STATION 06/13/2017 <br /> WO-3647 00 72 13 -7 <br /> I <br />