§ 1-7.602-12 Superintendence by contractor.

SUPERINTENDence by ConTRACTOR

The Contractor, at all times during performance and until the work is completed and accepted, shall give his personal superintendence to the work or have on the work a competent superintendent, satisfactory to the Contracting Officer and with authority to act for the Contractor.

§ 1-7.602-13 Permits and responsibilities. PERMITS AND RESPONSIBILITIES

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and municipal laws, codes, and regulations, in connection with the prosecution of the work. He shall be similarly responsible for all damages to persons or property that occur as a result of his fault or negligence. He shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. He shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any completed unit of construction thereof which theretofore may have been accepted. § 1-7.602-14 Conditions work.

affecting

CONDITIONS AFFECTING THE WORK

the

The Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve him from responsibility for successfully performing the work without additional expenses to the Government. The Government assumes no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of this contract, unless such understanding or representations by the Government are expressly stated in the contract.

§ 1-7.602-15 Other contracts.

OTHER CONTRACTS

The Government may undertake or award other contracts for additional work, and the Contractor shall fully cooperate with such other contractors and Government employees and carefully fit his own work to such additional work as may be directed by the Contracting Officer. The Contractor shall

not commit or permit any act which will interfere with the performance of work by any other contractor or by Government employees.

§ 1-7.602-16 Patent indemnity.

PATENT INDEMNITY

Except as otherwise provided, the Contractor agrees to indemnify the Government and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any Letters Patent of the United States (except Letters Patent issued upon an application which is now or may hereafter be, for reasons of national security, ordered by the Government to be kept secret or otherwise withheld from issue) arising out of the performance of this contract or out of the use or disposal by or for the account of the Government of supplies furnished or construction worked performed hereunder.

§ 1-7.602-17 Additional bond security.

ADDITIONAL BOND SECURITY

If any surety upon any bond furnished in connection with this contract becomes unacceptable to the Government, or if any such surety fails to furnish reports as to his financial condition from time to time as requested by the Government, or if the contract price is increased to such an extent that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer, the Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests of the Government and of persons supplying labor or materials in the prosecution of the work contemplated by this contract.

§ 1-7.602-18 Covenant against contingent fees.

Insert the clause set forth in § 11.503 under the conditions prescribed in § 1-1.501.

§ 1-7.602-19 Officials not to benefit.

Insert the clause set forth in § 17.102-17.

§ 1-7.602-20 Buy American Act. Insert the clause set forth in § 118.605.

§ 1-7.602-21 Convict labor.

Insert the clause set forth in § 112.204 under the conditions prescribed in § 1-12.203.

partially completed part of the work. Prior to such possession or use, the Contracting Officer shall furnish the Contractor an itemized list of work remaining to be performed or corrected on such portions of the project as are to be possessed or used by the Government, provided that failure to list any item of work shall not relieve the Contractor of responsibility for compliance with the terms of the contract. Such possession or use shall not be deemed an acceptance of any work under the contract. While the Government has such possession or use, the Contractor, notwithstanding the provisions of the clause of this contract entitled "Permits and Responsibilities," shall be relieved of the responsibility for the loss or damage to the work resulting from the Government's possession or use. If such prior possession or use by the Government delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment in the contract price or the time of completion will be made and the contract shall be modified in writing accordingly.

§ 1-7.602-32 Suspension of work.

SUSPENSION of Work

(a) The Contracting Officer may order the Contractor in writing to suspend, delay, or interrupt all or any part of the work for such period of time as he may determine to be appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted by an act of the Contracting Officer in the administration of this contract, or by his failure to act within the time specified in this contract (or if no time is specified, within a reasonable time), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent (1) that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor or (2) for which an equitable adjustment is provided for or excluded under any other provision of this contract.

(c) No claim under this clause shall be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim, resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after

40-104 0-79-29

(a) The term "shop drawings" includes: drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract.

(b) If this contract requires shop drawings, the Contractor shall coordinate all such drawings and review them for accuracy, completeness, and compliance with contract requirements and shall indicate his approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate his approval or disapproval of the shop drawings and if not approved as submitted shall indicate his reasons therefor. Any work done prior to such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (c) below.

(c) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation(s), he shall issue an appropriate contract modification,

1 For a document relating to this section, see Appendix-Temporary Regulations, appearing at the end of Chapter 1.

§§ 1-7.603-16—1-7.603-18 [Reserved] §1-7.603-19 Use of U.S. flag commercial vessels.

Insert the clause prescribed by § 119.108-2 under the conditions set forth therein.

[41 FR 52457, Nov. 30, 1976]

§ 1-7.603-20 Audit and records.

Insert the clause set forth in § 13.814-2 under the conditions described therein.

§ 1-7.603-21 Subcontractor cost and pricing data.

Insert the appropriate clause set forth in § 1-3.814-3 under the conditions described therein.

§1-7.603-22 Contracts

with the Small Business Administration (Special 8(a) Contract).

(a) Insert the clause set forth in § 11.713-4(g)(1) in contracts with the Small Business Administration awarded pursuant to section 8(a) of the Small Business Act (15 U.S.C. 637(a)).

(b) Insert the clause set forth in § 11.713-4(h) in subcontracts which will be executed by the Small Business Administration with its subcontractors.

§ 1-7.603-23 Small business subcontracting program.

Insert the clause set forth in § 11.710-3(b) under the conditions described therein.

§ 1-7.603-24 Minority business enterprises subcontracting program.

Insert the clause set forth in § 11.1310-2(b) under the conditions described therein.

§ 1-7.603-25 Late bids and modifications or withdrawals.

(a) Insert the provision set forth in § 1-2.201(a)(31) in all formally advertised solicitations.

(b) The provision set forth in § 13.802-1(a) shall be used in all negotiated solicitations except as provided by § 1-3.802-2(a). (See also § 1-18.306.)

(c) The provision set forth in § 13.802-2(b) may be used in negotiated solicitations under the conditions pre

scribed in § 1-3.802-2(a). (See also § 118.306.)

§ 1-7.603-26 Preference for U.S. Flag Air Carriers.

Insert the clause set forth in § 11.323-2 under the conditions described therein.

§ 1-7.603-27 Cost accounting standards.'

(a) National defense procurements. Insert the notices set forth in § 13.1203-3(a) in solicitations of proposals and the appropriate contract clauses set forth in § 1-3.1204-1 in negotiated contracts in accordance with the provisions of Subpart 1-3.12.

(b) Nondefense procurements. Insert the notice set forth in § 1-3.1203-3(b) in solicitations of proposals and the appropriate contract clause set forth in § 1-3.1204-2 in negotiated contracts in accordance with the provisions of Subpart 1-3.12.

[43 FR 14122, Apr. 4, 1978]

§ 1-7.603-28 Subcontracts.

Insert the clause set forth in § 17.103-28 under the conditions contained in the section.

§ 1-7.604 Additional clauses.

§ 1-7.604-1 Liquidated damages.

Insert the clause set forth in § 118.110 under the conditions and in the manner prescribed therein.

Subpart 1-7.7-Transportation Contracts

SOURCE: 38 FR 991, Jan. 8, 1973, unless otherwise noted.

§ 1-7.700 Scope of subpart.

This subpart sets forth clauses for use in formally advertised and negotiated contracts for freight transportation services (including local drayage) by rail, motor (including bus), domestic freight forwarder, and domestic water carriers (including inland coastwise, and intercoastal). This subpart does not apply to the procurement of transportation services by domestic or

For a document relating to this section, see Appendix-Temporary Regulations, appearing at the end of Chapter 1.

international air carriers or by international ocean carriers, and it does not apply to the procurement of transportation services which are contracted for by bill of lading or when negotaiting for reduced rates under the authority of sections 22, 217(b), 306(c), and 405(c) of the Interstate Commerce Act, 49 U.S.C. 22, 317(b), 906(c), and 1005(c).

§ 1-7.701 Solicitation of offers for transportation services.

§ 1-7.701-1 Preparation of solicitations.

(a) When procurement of transportation services is by formal advertising, the solicitation shall be prepared in accordance with the requirements of Part 1-2 to the extent applicable and not otherwise inconsistent with the requirements set forth in this Subpart 1-7.7.

(b) When procurement of transportation services is by negotiation, the solicitation shall be prepared in accordance with Part 1-3 to the extent applicable and not otherwise inconsistent with the requirements set forth in this Subpart 1-7.7. In addition, the solicitation shall include the requirements of § 1-2.201 to the extent applicable and not otherwise inconsistent with Part 1-3 and this Subpart 1-7.7. § 1-7.701-2 Representations, certifications, and acknowledgments in transportation contracts.

In addition to the representations, certifications, and acknowledgments on the reverse of Standard Form 33, the solicitations covering transportation services shall contain the following certification to be executed by the offeror when regulated transportation is involved:

PERMITS, AUTHORITIES, OR FRANCHISES

The offeror certifies that he does [ ], does not [], hold authorization from the Interstate Commerce Commission or other cognizant regulatory body. If authorization is held, reference thereto is as follows:

(Name of regulatory body)

(Authorization No.) The offeror shall furnish to the Government copies of such authorization prior to

The solicitation instructions and conditions set forth in Standard Form 33A shall be modified as follows:

(a) When the solicitation for transportation services is limited to local storage, drayage, and/or hauling services, the following paragraph, completed by the Contracting Officer, shall be substituted for paragraph 13, Contractor's Invoices:

CONTRACTOR'S INVOICES

The Contractor shall submit itemized and certified invoices (Contracting Officer to insert time period) direct to the Government agency ordering services under this contract or as otherwise instructed by that agency. Each invoice shall be annotated with the contract number.

(b) When the solicitation for transportation services is for line-haul services and may or may not include local storage, drayage, and/or hauling services in connection with such line-haul services, the following paragraph, completed by the contracting officer, shall be substituted for paragraph 13, Contractor's Invoices:

CONTRACTOR'S INVOICES

The Contractor shall submit invoices, Standard Form 1113, Public Voucher for Transportation Charges, in accordance with instruction 7 on the reverse of the original Government bill of lading. Invoices should be submitted to the "Charges to be billed to" address shown on the face of the Government bill of lading.

(c) The following paragraphs shall be included as additional solicitation instructions and conditions: (1) Financial statement.

FINANCIAL Statement

The offeror shall, upon request, promptly furnish the Government with a current certified statement of its financial condition and such data as the Government may request with respect to its operations, in order to determine its ability to perform under the contract and its financial responsibility.