CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-703.28 Buy American Act. In accordance with 7-104.3, insert the clause therein. When the contract involves construction work, in accordance with 7-602.20 and 7-602.24 also insert the clauses therein. 7-703.29 Assignment of Claims. In accordance with 7-103.8, insert the clause therein. 7-703.30 Reserved. 7-703.31 Officials Not To Benefit. Insert the clause in 7-103.19. 7-703.32 Gratuities. In accordance with 7-104.16, insert the clause therein. 7-703.33 Covenant Against Contingent Fees. Insert the clause in 7-103.20. 7-703.34 Payment for Overtime Premiums. In accordance with 12-102.4, insert the clause in 7-203.27. 7-703.35 Convict Labor. In accordance with 12-202, insert the clause in 7-104.17. 7-703.36 Equal Opportunity. in accordance with 12-807.1, insert plicable clause in 7-103.18. the ap 7-703.37 Walsh-Healey Public Contracts Act. In accordance with Section XII, Part 6, insert the clause in 7-103.17. 7-703.38 Contract Work Hours and Safety Standards Act Overtime Compensation. In accordance with 12-301, 12-302, and 12-306, insert the clauses in 7-103.16. 7-703.39 Supersedure. SUPERSEDURE (1964 SEP) When the acquisition, construction, or installation of the Facilities called for by this contract, or any useable increment thereof, is completed and accepted by the Government, such facilities shall thereafter be subject to the provisions of the related facilities contract by which the use of such items by the Contractor is authorized. (End of clame) 7-703.40 Price Reduction for Defective Cost or Pricing Data. In accordance with 7-104.29, insert the appropriate clause therein. 7-703.41 Audit by Department of Defense. In accordance with 7-104.41(a), insert the clause therein as amended by 7-104.41(b). 7-703.42 Subcontractor Cost and Pricing Data. In accordance with 7-104.42, insert the appropriate clause therein. 7-703.43 Competition in Subcontracting. In accordance with 7-104.40, insert the clause therein. 7-703.44 Inspection System. When it is desired to require contractors to maintain an inspection system in accordance with Military Specification MIL1-45208 (see 14–303), insert the following clause. INSPECTION SYSTEM (1967 AUG) The inspection system which the Contractor is required to maintain, as provided in paragraph (e) of the "Inspection" clause of this contract, shall be in accordance with the edition of Military Specification MIL-1-45208 in effect on the date of this contract. (End of clause) 7-703.44 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-703.45 Equal Opportunity Pre-Award Clearance of Subcontracts. In accordance with 23–201.4, insert the clause in 7-104.22. 7-703.46 Reserved. 7-703.47 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era. Insert the clause in 7-103.27. 7-703.48 Property Control. Insert the clause in 7-702.17. 7-703.49 Affirmative Action for Handicapped Workers. Insert the clause in 7-103.28. 7-703.50 Clean Air and Water. In accordance with 1-2302.2, insert the clause in 7-103.29. 7-703.51 Notice of Intent to Disallow or Not Recognize Costs. Insert the clause in 7-203.35. 7-704 Required Clauses for Facilities Use Contracts. The following clauses shall be inserted in all facilities use contracts except that the clauses in 7-706 may be used in facilities use contracts with nonprofit educational institutions. 7-704.1 Definitions. Insert the clause required by 7–702.1. Additional definitions may be included in such clause provided they are not inconsistent with such clause or the provisions of this Regulation. 7-704.2 Use and Charges. Insert the clause in 7-702.12. 7-704.3 Allowable Cost and Payment. ALLOWABLE COST AND PAYMENT (1965 JUL) (a) For the performance of any work, duty, or obligation by the Contractor under this contract, which is provided herein to be at Government expense, the Government shall pay the Contractor the cost thereof, determined by the Contracting Officer to be allowable in accordance with (i) Section XV, Part 5, of the Armed Services Procurement Regulation as in effect on the date of this contract; and (ii) the terms of this contract. (b) Except as otherwise specifically provided in this contract, the failure of this contract to provide for reimbursement shall not preclude the Contractor from including, as part of the price or cost under any other Government contract or subcontract, an allocable portion of the costs incurred in the performance of any work, duty, or obligation under this contract which are not reimbursable hereunder. (End of clause) 7-704.4 Limitation of Cost. Insert the clause in 7–702.11. 7-704.5 Examination of Records by Comptroller General. In accordance with 7-104.15, insert the clause therein. 7-704.6 Location of the Facilities. Insert the clause in 7-702.8. 7-704.7 Maintenance. Insert the clause in 7-702.14. 7-704.8 Inspection. Insert the clause in 7-702.6. 7-704.9 Title. Insert the clause in 7-702.15, except that the following paragraph (a) shall be substituted for the corresponding paragraph in that clause: (a) Title to the Facilities shall remain in the Government. Title to parts replaced by the Contractor in carrying out its normal maintenance obligations pursuant to the clause of this contract entitled "Maintenance" shall pass to and vest in the Government upon completion of their installation in the Facilities. 7-704.10 Access. Insert the clause in 7-702.16. 7-704.11 Property Control. Insert the clause in 7-702.17. 7-704.12 Representations and Warranties. Insert the clause in 7-702.5. 7-704.12 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-704.13 Government Bills of Lading. Insert the clause in 7-702.9. 7-704.14 Liability for the Facilities. Insert the clause in 7-702.18. 7-704.15 Indemnification of the Government. Insert the clause in 7,-702.20, deleting the phrase "Except as provided in the ‘Insurance Liability to Third Persons' clause" in the first sentence. 7-704.16 Notice of Use of the Facilities. Insert the clause in 7-702.23. 7-704.17 Termination of the Use of the Facilities. Insert the clause in 7-702.24. 7-704.18 Period of This Contract. Insert the clause in 7-702.25. 7-704.19 Disposition of the Facilities. Insert the clause in 7–702.26. 7-704.20 Failure To Perform. Insert the clause in 7-702.27, except that the phrase "Subject to the provisions of the clause hereof entitled 'Excusable Delays'," shall be deleted in paragraph (a). 7-704.21 Disputes. Insert the clause in 7–103.12. 7-704.22 Military Security Requirements. In accordance with 7-702.29, insert the clause called for therein except that "ASPR 7-702.4" shall be substituted for "this contract" in the second sentence of paragraph (c). 7-704.23 Assignment of Claims. In accordance with 7-103.8, insert the clause therein. 7-704.24 Officials Not To Benefit. Insert the clause in 7–103.19. 7-704.25 Gratuities. In accordance with 7-104.16, insert the clause therein. 7-704.26 Covenant Against Contingent Fees. Insert the clause in 7-103.20. 7-704.27 Payment for Overtime Premiums. In accordance with 12-102.4, insert the clause in 7-203.27. 7-704.28 Convict Labor. In accordance with 12-202 and 12-203, insert the clause in 7-104.17. 7-704.29 Equal Opportunity. In accordance with 12-807.1, insert the applicable clause in 7-103.18. 7-704.30 Contract Work Hours and Safety Standards Act Overtime Compensation. In accordance with 12-301, 12–302, and 12-306, insert the clauses in 7-103.16. 7-704.31 Supersedure. SUPERSEDURE (1964 SEP) (a) Facilities heretofore provided to the Contractor pursuant to the contracts specified in the Schedule shall become subject to the terms of this contract upon its effective date. The terms of the contracts by which such Facilities may have been provided to the Contractor are hereby superseded with respect to such Facilities, except for rights and obligations which may have accrued under such other contract prior to the effective date hereof. (b) Each item of Facilities hereafter provided to the Contractor under any contract which so specifies shall become subject to the terms of this contract upon the completion of its construction, acquisition, and installation, or upon its availability for use, whichever first occurs, except as otherwise provided in the contract or other document by which such Facilities are provided to the Contractor. (End of clause) 7-704.32 Price Reduction for Defective Cost or Pricing Data. In accordance with 7-104.29, insert the appropriate clause therein. 7-704.33 Audit by Department of Defense. In accordance with 7–104.41(a), insert the clause therein as amended by 7-104.41(b). 7-704.33 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-704.34 Subcontractor Cost and Pricing Data. In accordance with 7-104.42, insert the appropriate clause therein. 7-704.35 Competition in Subcontracting. In accordance with 7-104.40, insert the clause therein. 7-704.36 Bills of Lading Covering Shipments To or From Contractor's Plant. In accordance with the requirements of 19-217.1(b), insert the clause in 7-203.14. 7-704.37 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era. Insert the clause in 7-103.27. 7-704.38 Affirmative Action for Handicapped Workers. Insert the clause in 7-103.28. 7-704.39 Clean Air and Water. In accordance with 1-2302.2, insert the clause in 7-103.29. 7-704.40 Utilization of Small Business and Small Disadvantaged Business Concerns. In accordance with 1-707.3, insert one or more of the clauses in 7-104.14. 7-704.41 Notice of Intent to Disallow or Not Recognize Costs. Insert the clause in 7-203.35. 7-705 Clauses To Be Used When Applicable. 7-705.1 Rights in Data. In accordance with 7-104.9, insert the appropriate clause, or clauses, therein. Particular attention shall be given to obtaining data when data are necessary to the use or disposal of facilities. 7-705.2 Filing of Patent Applications. In accordance with 9-106, insert the clause in 7-104.6. 7-705.3 Priorities, Allocations, and Allotments. In accordance with 1-307.2, insert the clause in 7-104.18. 7-705.4 Transfer of Title to the Facilities. In accordance with 4-116.4, the following clause may be inserted in facilities contracts. TRANSFER OF TITLE TO THE FACILITIES (1964 SEP) Notwithstanding the provisions of the clause of this contract entitled "Title", the Contracting Officer may at any time during the term of this contract, or upon completion or termination, transfer title to equipment to the Contractor upon such terms and conditions as may be agreed upon; provided, that the Contractor shall not under any Government contract, or subcontract thereunder, charge for any depreciation, amortization, or use of such equipment as is donated under this clause. Upon the transfer of title to equipment under this clause, such equipment shall cease to be Government property. (End of clause) 7-705.5 Labor Standards for Construction Work. Except as provided in 18-703.2 and 18-703.3, insert the clauses in 7-602.23(a) if the contract involves construction as described in 12-106.1 and 18-701. If such construction work may be required but it is not certain, insert the following clause. (See 18-704.2(1) with regard to the Contracting Officer's responsibility for obtaining wage determinations.) LABOR STANDARDS FOR CONSTRUCTION WORK (1977 DEC) (a) In the event that construction, alteration, or repair (including painting and decorating) of public buildings or public works is to be performed hereunder, the Contractor shall comply with the following listed clauses: (i) "Davis-Bacon Act (40 U.S.C. 276a to a7)," 7-602.23(a)(i); (ii) "Contract Work Hours and Safety Standards Act-Overtime Compensation (40 U.S.C. 327-333)," 7-602.23(a)(ii); 7-705.5 ARMED SERVICES PROCUREMENT REGULATION DAC #76-29 31 AUGUST 1981 CONTRACT CLAUSES AND SOLICITATION PROVISIONS (iii) "Apprentices and Trainees," 7-602.23(a)(iii); (iv) "Payrolls and Basic Records," 7-602.23(a)(iv); (v) "Compliance With Copeland Regulations," 7-602.23(a)(v); (vi) "Withholding of Funds" 7–602.23(a)(vi); (vii) "Subcontracts", 7-602.23(a)(vii); (viii) "Contract Termination - Debarment", 7-602.23(a)(viii); and (ix) "Disputes Concerning Labor Standards", 7-602.23(a)(ix). (b) Upon determination by the Contracting Officer that the Davis-Bacon Act is applicable to any item of work to be performed hereunder, a determination of the prevailing wage rates and the clauses referenced in paragraph (a) above shall be incorporated into the contract in their entirety by modification. (c) N6 construction, alteration, or repair (including painting and decorating) of public buildings or public works shall be performed under this contract without incorporation of the wage determination and clauses required in paragraph (b) above unless the Contracting Officer authorizes the start of work because of unusual or emergency situations. (End of clause) 7-705.6 Management Systems Requirements. In accordance with 16–827.1, insert the clause in 7-104.50. 7-705.7 Improvements to Buildings or Land Owned by the Government. When necessary to assure that Government buildings or land will not be modified in a manner detrimental to the interests of the Government, the following clause shall be inserted. IMPROVEMENTS TO BUILDING OR LAND OWNED BY THE GOVERNMENT (1964 SEP) (a) The Contractor shall not construct or make, at its expense, any fixed improvement to, or structural alteration in the nature of, buildings or land owned or leased by the Government, without prior written approval of the Contracting Officer. (b) For the purposes of paragraph (a), the terms "fixed improvement” and “structural alteration" mean any improvement to or alteration in the nature of the buildings or land which, after completion, cannot be removed without substantial loss of value or damage to the premises. Such terms do not include foundations for production equipment. (End of clause) 7-705.8 Patent Rights. In accordance with 9-701, insert the appropriate clause as set forth in 7-302.23. 7-705.9 Required Source for Jewel Bearings and Related Items. In accordance with 1-2207.2, insert the clause in 7-104.37. 7-705.10 Changes to Make-or-Buy Program. In accordance with 3-902.4, insert the clause in 7-204.20(a). 7-705.11 Interest. In accordance with E-620, insert the clause in 7-104.39. 7-705.12 Limitation on Sales Commissions and Fees for Foreign Governments. In accordance with 6-1305.6, insert the clause in 7-104.107. 7-705.12 ARMED SERVICES PROCUREMENT REGULATION |