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$ 5B-16.950–1468 GSA Form 1468, General Provisions (Contract for Building

Services). GSA AP1 1468

GENERAL PROVISIONS

(CONTRACT FOR BUILDING SERVICES) 1. WORKMANSHIP AND MATERIALS. Unless otherwise provided 9. DEFAULT. The Government may, by written notice to the in the contract requirements and specifications, the Contractor Contractor, terminate the Contractor's right to proceed as to the shall furnish all labor, materials and equipment necessary for whole or any part of the contract (a) if the Contractor fails to persatisfactory contract performance. When not specifically identi- form the services within the time specified or any extension therefied in the specifications, such materials and equipment shall be of of, or (b) so fails to make progress as to endanger performance of a suitable type and grade for the purpose. Each item or article the contract in accordance with its terms, or (c) the Contractor shall be subject to inspection and/or test and approved by the Con- fails to perform any other provisions of the contract, and does not tracting Officer, when he so requires. All material and workman- cure such failure as to (b) or (c) within 10 days (or such longer ship and equipment shall be subject to the inspection and approval period 11 authorized) after receipt of written notice of such failure of the Contracting Officer or bis representative.

from the Contracting Officer. In the event of such termination, the 2. SUPERVISION. The Contractor shall arrange for satisfactory

Government may procure or furnish, upon such terms and in such

manner as the Contracting Officer may deem appropriate, services supervision of the contract work. The Contractor or his supervia similar to those so terminated, and the Contractor shall be liable sors shall be available at all times, when the contract work 18 in to the Government for any excess costs for such services: Provided, progress, to receive Instructions from the Contracting Officer or That the Contractor shall not be liable for any increased costs il his representative.

failure to perform the contract arises out of causes beyond his con

trol and without bis fault or negligence and that of his subcontractors 3. QUALIFICATIONS OF EMPLOYEES. The Contracting Officer or suppliers. may require dismissal from the work of employees which he deems petent, careless, insubordinate, unsuitable or otherwise ob

10. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT. jectionable, or whose continued employment he deems contrary to

The Contracting Officer, by written notice, may terminate perforthe public interest or inconsistent with the best interests of national

mance of work under this contract, in whole or in part, when it is security. The Contractor shall fill out and cause each of his em

in the best interest of the Government. The termination of the conployees on the contract work to fill out, for submission to the Gov

tract and compensation to the Contractor shall be governed by the ernment, such forms as may be necessary for security or other

Federal Procurement Regulations in effect on the date of the contract reasons. Upon request of the Contracting Officer, be and his em

(41 CFR 1-8). ployees shall be finger

printed by Government per sonnel assigned to that duty.

11. DISPUTES. Any dispute concerning a question of fact arising

under this contract, not disposed of by agreement, shall be decided 4. WORK HOURS ACT OF 1962 - OVERTIME COMPENSATION.

by the Contracting Officer, who sball reduce his decision to writing (a) No Contractor or subcontractor contracting for any part of

and furnish a signed copy to the Contractor. Such decision shall be

final and conclusive unless, within 30 days from the date of receipt the contract work shall require or permit any laborer or mechanic to be employed on such work in excess of eight hours in any calen

thereot, wie ontractor malls

or otherwise furnishes to the Con

trading office) a written appeal, addressed to the Administrator dar day or in excess of forty bours in any workweek unless such

pf General Services. The Contractor shall be afforded an opportu. laborer or mechanic receives compensation at a rate not less than hity of bp deard and to offer evidence. The decision of the Adminone and one half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of or before

Istrala dr bathorized representative shall be final and conclu

siy upless fraudulent, capricious, arbitrary, so grossly erroneous in such workweek, whichever is the greater num bep orlotertime

As necessarily to imply bad faith, or not supported by substantial bours.

evidence. Pending final decision of a dispute hereunder, the Con(b) In the event of any violation of Deptov

tractor shall proceed diligently with the performance of the contract ore de paragraph

and in accordance with the Contracting Officer's decision. (a) the Contractor and any subcontracher responsable for adch violations shall be liable to any affected employse for his unpaid wages.

12. CONVICT LABOR. In connection with the performance of work In addition, such Contractor or subcontracto suall be liable to the

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under this contract, the Contractor agrees not to employ any person United States for liquidated damages. Such liquidated damages

undergoing sentence of imprisonment at hard labor. shall be computed, with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph (a), in 13. ASSIGNMENTS. Claims for moneys due or to become due to the sum of $10 for each calendar day on which such employee was

the Contractor from the Government may be assigned to others required or permitted to work in excess of eight hours or in excess only as permitted by ihe Assignment of Claims Act of '1940, of forty hours in a workweek without payment of the required over- amended (31 U.S. Code 2.41 U.S. Code 15). The contract itsell time wages.

shall not be assigned. (c) The Contracting Officer may withhold, or cause to be with- 14. SAVE HARMLESS AND A MNITY AGREEMENT. The conheld, from any moneys payable on account of work performed by tractor shall save and keep barmless and indemnify the Governthe Contractor or subcontractor, the full amount of wages required ment against any and all liability, claims, and costs of whatsoever by this contract and such sums as may administratively be deter- kind and nature for injury to or death of any person or persons and mined to be necessary to satisfy any liabilities of such Contractor for loss or damage to any property (Government or otherwise) oc. or subcontractor for liquidated damages as provided in paragraph curring in connection with or in any way Incident to or arising out (b).

of the occupancy, use, service; operations, or performance of work

in connection with this contract, resulting in whole or in part from 7. COVENANT AGAINST CONTINGENT FEES. The Contractor the negligent acts, fault or omissions of Contractor, any subconwarrants that no person or selling agency has been employed or re- tractor, or any employee, agent, or representative of Contractor tained to solicit or secure this contract upon an agreement or under- or any subcontractor. standing for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide establisbed commercial or selling agencies maintained by the Contractor for the

15. UTILIZATION OF SMALL BUSINESS CONCERNS. purpose of securing business. For breach or violation of this var. ranty the Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract (a) It 18 the policy of the Government as declared by the Conprice or consideration, or otherwise recover, the full amount of

gress that a fair proportion of the purchases and contracts for supsuch commission, percentage, brokerage, or contingent fee. plies and services for the Government be placed with small business

concerns. 8. OFFICIALS NOT TO BENEFIT. No Member of Congress or resident Commissioner shall be admitted to any share or part of the contract or to any benefit that may arise therefrom, but this (b) The Contractor agrees to accomplish the maximum amount provision shall not be construed to extend to the contract 11 made of subcontracting to small business concerns that the Contractor with a sorporation for its general benefit.

finds to be consistent with the efficient performance of this coatract.

1 1

33-622 0-65–9

CHAPTER 5C - DEFENSE MATERIALS SERVICE,

GENERAL SERVICES ADMINISTRATION

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PART 50-1—GENERAL Sec. 5C-1.000 Scope of part.

Subpart 5C-1.1- Introduction 5C-1.101 Scope of subpart. 5C-1.102 Establishment of Chapter 5C

General Services Administration Procurement Regula

tions. 50-1.103 Relationship of Chapter 5C to

the FPR and Chapter 5, GSPR. 5C-1.104 Applicability. 5C-1.105 Exclusions. 5C-1.106 Method of issuance. 5C-1.107 Arrangement. 5C-1.107-1 General plan. 5C-1.107–2 Numbering. 5C-1.107-3 Cross-references. 50-1.108 Citation. 5C-1.109 Deviation.

Subpart 5C-1.3-General Policies 5C-1.310 Responsible prospective con

tractor. 5C-1.310–6 Determination of responsibility. 5C-1.315 Use of liquidated damages pro

visions in procurement con

tracts. 5C-1.315–2 Policy.

§ 5C-1.102 Establishment of Chapter

5C, General Services Administration

Procurement Regulations. This Chapter 5C of the GSPR is prescribed by the Commissioner, Defense Materials Service, and is established to provide all DMS activities with additional uniform operating policies and procedures applicable to the procurement of personal property and nonpersonal services. § 5C-1.103 Relationship of Chapter 5C

to the FPR and Chapter 5, GSPR. (a) Chapter 5C implements and supplements the FPR and Chapter 5, GSPR. Implementing material is that which expands upon related FPR or Chapter 5 material. Supplementing material is that for which there is no counterpart in the FPR or Chapter 5.

(b) Material published in the FPR or Chapter 5 becomes effective throughout DMS upon the effective date of the particular FPR or Chapter 5 material. Such material will not be repeated, paraphrased, or restated in Chapter 5C. Therefore, all three must be consulted to obtain comprehensive coverage of DMS-wide procurement operating policies and procedures.

(c) Material in Chapter 5C implements and supplements but does not supersede the FPR or Chapter 5, unless a deviation has been authorized and the deviation is explicitly referenced. In cases of other conflict or when Chapter 5C contains no related material implementing the FPR or Chapter 5, the FPR or Chapter 5 will govern.

AUTHORITY: The provisions of this part 5C-1 issued under sec. 205(C), 63 Stat. 390, 40 U.S.C. 486(c); and 41 CFR 5-1.101(c), 28 F.R. 4559.

SOURCE: The provisions of this part 5C-1 appear at 28 F.R. 7836, Aug. 1, 1963.

$ 5C-1.000 Scope of part.

This part describes the method and procedures by which the Defense Materials Service (DMS) implements and supplements the Government-wide Federal Procurement Regulations (Chapter 1 of Title 41, Code of Federal Regulations) and the GSA-wide procurement policies and procedures (Chapter 5 of the General Services Administration Procurement Regulations; Chapter 5 of Title 41, Code of Federal Regulations).

Subpart 5C-1.1- Introduction $ 5C-1.101 Scope of subpart.

This subpart establishes Chapter 5C of the General Services Administration Procurement Regulations (41 CFR 5C); states its relationship to the Federal Procurement Regulations (FPR) and Chapter 5 of the General Services Administration Procurement Regulations (GSPR); and sets forth other introductory information.

$ 50-1.104 Applicability.

Chapter 5C applies to all purchases and contracts made by DMS for the procurement of personal property and nonpersonal services. S 50-1.105 Exclusions.

(a) Certain DMS procurement policies and procedures within the scope of this chapter may nevertheless be excluded from it when there is justification. These exclusions include the following categories:

(1) Subject matter which bears a security classification.

(2) Policies or procedures which are expected to be effective for a period of less than six months.

(3) Policies or procedures which are effective on an experimental basis for a reasonable period.

(4) Policies or procedures pertaining to other functions of DMS as well as to procurement functions where the issuance should be made available simultaneously to all DMS employees concerned.

(5) Where speed of issuance is essential and numerous changes are required in Chapter 5C, which changes cannot be made promptly.

(b) Procurement policies and procedures issued in other than the FPR System format under paragraphs (a) (4) and (5) of this section will be codified into Chapter 5C at the earliest practicable date, but in any event not later than six months from date of issuance. $ 50-1.106 Method of issuance.

(a) All Chapter 5C material deemed necessary to enable business concerns, and others interested, to understand DMS procurement policies and procedures will be published in the FEDERAL REGISTER. Other related material also may be published in the FEDERAL REGISTER when its inclusion will provide a logical, comprehensive statement of DMS procurement policies and procedures.

subpart, section, or subsection of Chapter 5C will be numbered (and captioned) to correspond to the FPR or the Chapter 5 part, subpart, section, or subsection.

(c) Where Chapter 5C supplements the FPR or Chapter 5 and thus deals with subject matter not contained in the FPR or Chapter 5, the numbers in the group 70 through 89 will be assigned to the respective supplementing parts, subparts, sections, or subsections.

(d) Where the subject matter contained in a part, subpart, section, or subsection of the FPR or Chapter 5 requires no implementation, Chapter 5C will contain no corresponding part, subpart, section, or subsection number. Thus, there may be gaps in the Chapter 5C series of part, subpart, section, or subseciion numbers. In such cases, reference must be made to the FPR and Chapter 5 for policy and procedure applicable throughout DMS. § 56-1.107–3 Cross-references.

(a) Within Chapter 5C, cross-references to the FPR and Chapter 5 will be made in the same manner as used within the FPR. Illustrations of cross-references to Chapter 5 are:

(1) Part 5–3.
(2) Subpart 5–3.1.
(3) $ 5-3.413-5.

(b) Within Chapter 5C, cross-references to parts, subparts, and sections will be made in a manner generally similar to that used in making cross-references to the FPR. For example, this paragraph would be referenced as “S 5C1.107–3(b)." $ 5C-1.108 Citation.

(a) Citation in formal documents, such as legal briefs, shall give the number of the part, subpart, or section of Chapter 5C, following the words “General Services Administration Procurement Regulations" and shall include an appropriate reference to “41 CFR where the material has been published in the FEDERAL REGISTER.

(b) For brevity, any section of Chapter 5C may be informally identified as “GSPR,” followed by the section number. For example, this paragraph could be identified in a memorandum as “GSPR 5C-1.108(b).” $ 50-1.109 Deviation.

(a) The term "deviation," as used in this Chapter 5C, is defined in the same manner as described in § 1-1.009–1.

(b) GSPR Chapter 5C material published in the FEDERAL REGISTER will be published in cumulative form in Chapter 5C of Title 41 of the Code of Federal Regulations (41 CFR Ch. 5C). The FEDERAL REGISTER and Title 41 of the Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington 25, D.C. $ 50-1.107 Arrangement. $ 50-1.107-1 General plan.

Chapter 5C is divided into parts, subparts, sections, subsections, and further subdivisions as required. $ 5C-1.107–2 Numbering.

(a) Generally, the numbering system used in Chapter 5C conforms to that of the FPR (see § 1-1.007-2). Thus, a particular procurement policy or procedure is identified by the same number in both the FPR, Chapter 5, and Chapter 5C, except that the first digit of the number is either 1,5, or 5C.

(b) Where Chapter 5C implements a part, subpart, section, or subsection of the FPR or Chapter 5, the implementing part,

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