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PART 14-7-CONTRACT CLAUSES

Subpart 14-7.1-Fixed Price Supply

Contracts.

Subpart 14-7.1-Fixed-Price Supply Contracts

Sec. 14-7.150 Additional Interior contract

clauses. 14-7.150-3 Examination of records. 14-7.150-6 Release of claims.

Subpart 14-7.2–Cost-Reimbursement Type

Supply Contracts 14-7.204 Additional clauses. 14-7.204-5 Insurance-liability to third

parties. 14-7.250 Additional Interior contract

clauses. 14-7.250-1 Release of claims.

$ 14-7.150 Additional Interior contract

clauses. The clauses set forth below are prescribed for use, as indicated, in fixed price supply contracts. (38 FR 9816, Apr. 20, 1973] § 14-7.150-3 Examination of records.

Insert the clause set forth in IPR 14-63.104 as prescribed in IPR 1463.103(b). (46 FR 61468, Dec. 17, 1981) 8 14-7.150–6 Release of claims.

The clause set forth in IPR 14-1.350 shall be used as prescribed therein. (46 FR 61469, Dec. 17, 1981)

Subpart 14-7.3—Fixed-Price Research and

Development Contracts 14-7.350 Additional Interior contract

clauses. 14-7.350-1 Release of claims.

Subpart 14-7.2–Cost-Reimbursement

Type Supply Contracts

Subpart 14-7.4—Cost-Reimbursement Type

Research and Development Contracts

AUTHORITY: 5 U.S.C. 301.

[blocks in formation]

$14-7.204 Additional clauses. [43 FR 39379, Sept. 5, 1978] $ 14-7.204–5 Insurance-liability to third

parties. Except for those contracts listed in IPR 14-17.150, subparagraph (c)(2) of the clause set forth in FPR 1-7.204-5 shall be changed to read “subject to the ‘Limitation of Cost' or 'Limitation of Funds' clause ***" (46 FR 61469, Dec. 17, 1981)

Subpart 14–7.50—Special Contract Clauses 14-7.5001 Paperwork Reduction Act of

1980. 14-7.5002 Indian preference. 14-7.5003 Indian preference programs.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), 5 U.S.C. 301.

8 14-7.250 Additional Interior contract

clauses. [46 FR 61469, Dec. 17, 1981) a 8 14-7.250-1 Release of claims.

The clause set forth in IPR 14-1.350 shall be used as prescribed therein. (46 FR 61469, Dec. 17, 1981)

Subpart 14-7.3—Fixed-Price Research

and Development Contracts

SOURCE: 46 FR 61469, Dec. 17, 1981, unless otherwise noted.

8 14-7.350 Additional Interior contract

SAFETY AND HEALTH clauses.

(a) The contractor shall comply with all

applicable occupational safety and health § 14-7.350-1 Release of claims.

standards relating to construction preThe clause set forth in IPR 14-1.350 scribed in 29 CFR Part 1926. shall be used as prescribed therein.

(b) If the Contractor fails or refuses to promptly comply with the requirements of

this clause, the Contracting Officer, or his Subpart 14-7.4-Cost-Reimbursement authorized representative, shall notify the

Type Research and Development Contractor of any noncompliance and indiContracts

cate to the Contractor the action to be taken. The Contractor shall, after receipt of

such notice, immediately correct the condiAUTHORITY: 5 U.S.C. 301.

tions to which attention has been directed. $ 14-7.404 Additional clauses.

Such notice, either oral or written, when

served on the Contractor or his authorized [43 FR 39379, Sept. 5, 1978)

representative(s) at the site of the work,

shall be deemed sufficient. $ 14-7.404-9 Insurance-liability to third (c) In the event the Contractor fails or reparties.

fuses to promptly comply with the compli

ance directive issued under paragraph (b) Insert the modified clause set forth

above, the Contracting Officer or his auunder IPR 14-7.204-5 under the condi

thorized representative may issue an order tions prescribed therein.

to suspend all or any part of the work.

When satisfactory corrective action is taken, [46 FR 61469, Dec. 17, 1981)

an order to resume work will be issued. The

Contractor shall not be entitled to any ex$ 14-7.450 Additional Interior contract

tension of time, nor to any claim for damage clauses.

or to excess costs by reason of either the di

rective or the suspension order. Failure of (46 FR 61469, Dec. 17, 1981)

the Contracting Officer or his authorized

representative to order discontinuance of § 14-7.450-1 Release of claims.

any or all of the Contractor's operations The clause set forth in IPR 14-1.350

shall not relieve the Contractor of his re

sponsibility for the safety of personnel and shall be used as prescribed therein.

property. [46 FR 61469, Dec. 17, 1981)

(d) The Contractor shall maintain an accurate record of, and shall report to the

Contracting Officer in the manner preSubpart 14-7.6—Fixed-Price

scribed by the Contracting Officer, all cases Construction Contracts

of death, occupational diseases, traumatic

injury to employees or the public involved, 8 14-7.650 Additional Interior contract and property damage by accident in excess clauses.

of $100 incident to performance of work

under this contract. The clauses set forth in this g 14 (e) The rights and remedies of the Gov. 7.650 are prescribed for use, as indicat ernment provided in this clause are in addied, in fixed-price construction con

tion to any other rights and remedies protracts.

vided by law or under this contract.

(f) In event there is a conflict between the (41 FR 8973, Mar. 2, 1976)

requirements of this clause and any require

ment of the U.S. Department of Labor in its § 14-7.650–4 Safety and health.

regulations set forth under 29 CFR Part In the interest of uniform practice,

1926, the more stringent requirement will

prevail. each bureau and office shall include in

(g) The occupational safety and health every construction contract exceeding

regulations for construction referenced $2,000 a safety and health clause simi. under this clause may be obtained from any lar to that set forth in this § 14-7.650 regional or area office of the Occupational 4, containing, as a minimum, those re- Safety and Health Administration of the quirements set forth therein. Addi. Department of Labor. tional safety requirements may be (41 FR 8973, Mar. 2, 1976; 41 FR 11174, Mar. added to cover special circumstances. 17, 1976)

I hereby certify that during the period

-- to ----, (name of contractor or subcontractor) paid North Carolina sales and use taxes aggregating $---with respect to building materials, supplies, fixtures, and equipment which have become a part of or annexed to a building or structure erected, altered or repaired by (name of contractor) for the United States of America, and that the vendors from whom the property was purchased, the dates and numbers of the invoices covering the purchases, the total amount of the invoices of each vendor, the North Carolina sales and use taxes paid thereon, and the cost of property withdrawn from warehouse stock and North Carolina sales and use taxes paid thereon are as set forth in the attachments hereto.

(b) Texas limited sales, excise, and use tax. The following clause is prescribed for use in all fixed-price construction contracts when the work is to be performed in the State of Texas:

§ 14-7.650-5 Local taxes.

(a) North Carolina sales and use tax. The following clause is prescribed for use in all fixed-price construction contracts when the work is to be performed in the State of North Carolina:

NORTH CAROLINA SALES AND USE TAX (a) As used throughout this clause, the term “materials" means building materials, supplies, fixtures, and equipment which become a part of or are annexed to any building or structure erected, altered, or repaired under this contract.

(b) If this is a fixed-price contract as defined in the Federal Procurement Regulations, the contract price includes North Carolina sales and use taxes to be paid with respect to materials, notwithstanding any other provision of this contract. If this is a cost-reimbursement type contract as defined in such regulations, any North Carolina sales and use taxes paid by the contractor with respect to materials shall constitute an allowable cost under this contract.

(c) At the time specified in paragraph (d) below:

(i) The Contractor shall furnish the Contracting Officer certified statements setting forth the cost of the materials purchased from each vendor and the amount of North Carolina sales and use taxes paid thereon. In the event the Contractor makes several purchases from the same vendor, such certified statement shall indicate the invoice numbers, the inclusive dates of the invoices, the total amount of the invoices and the North Carolina sales and use taxes paid thereon. Such statement shall also include the cost of any tangible personal property withdrawn from the Contractor's warehouse stock and the amount of North Carolina sales or use tax paid thereon by the Contractor. The Contractor shall furnish addi. tional information as the Commissioner of Revenue of the State of North Carolina may require to substantiate a refund claim for sales or use taxes.

(ii) The Contractor shall obtain and furnish to the Contracting Officer similar certified statements by its subcontractors.

(d) If this contract is completed before July 1, the certified statements to be furnished pursuant to paragraph (c) above shall be submitted within 60 days after completion. If this contract is not completed before the next July 1, such certified statements shall be submitted on or before the 31st day of August of each year and shall cover taxes paid during the 12-month period which ended the preceding June 30.

(e) The certified statements to be furnished pursuant to paragraph (c) above shall be in the following form:

TEXAS LIMITED SALES, EXCISE, AND USE TAX

(a) This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04(H) of the Texas Limited Sales, Excise, and Use Tax Act.

(b) The contractor performing this contract may purchase, rent, or lease free of such tax all materials, supplies, and equipment used or consumed in the performance of the contract by issuing to its supplier an exemption certificate complying with State Comptroller's Rule 026.02.20.007. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of State Comptroller's Rule 026.02.20.011, effective November 22, 1976.

(c)-(e) [Reserved)

(f) Washington State sales and use taxes. The following clause is prescribed for use in all fixed-price construction contracts when the work is to be performed in the State of Washington: WASHINGTON STATE SALES AND USE TAXES

(a) Notwithstanding any provision of this contract to the contrary, the contract price excludes Washington sales and use taxes. If in the performances of this contract the contractor is required to pay or bear the burden of any such tax, the contractor upon furnishing proof thereof will be reimbursed; provided, the contractor warrants in writing that no amount of such tax was included in the contract price as a contingency reserve or otherwise. If the contractor later obtains a refund of the tax, the amount thereof, including any interest or penalty, shall inure to the benefit of the Government and shall be paid as directed by the Contracting Officer. The contractor shall take action, if directed by the Contracting Officer, challenging the validity of Washington sales and use taxes, in which event the contract price shall be equitably adjusted to cover the costs of such action, including any interest, penalty, and reasonable attorney fees. Furthermore, the contractor agrees to fully cooperate with the Agency and the Department of Justice in challenging the State tax.

(b) For purposes of this clause, the term “Washington sales and use taxes" means any Washington retail sales or use tax that must be levied, collected or paid on tangible personal property purchased, produced, or used, including Government-furnished property, as a result of enactment into law in the State of Washington of Chapter 90, Laws of 1975, Ex. Sess. (May 27, 1975).

(c) The contractor shall insert this clause, including this paragraph (c), in all subcontracts.

(End of clause) (5 U.S.C. 301) [41 FR 11174, Mar. 17, 1976, as amended at 41 FR 19947, May 14, 1976; 46 FR 7986, Jan. 26, 1981; 46 FR 61469, Dec. 17, 1981)

§ 14-7.650-7 Examination of records.

The clause set forth in IPR 1463.104 shall be used under the condi. tions prescribed in IPR 14-63.103(b). (46 FR 61469, Dec. 17, 1981)

8 14-7.5002 Indian preference.

The following clause shall be used as prescribed in $ 14-1.354(b)(1) of this chapter:

INDIAN PREFERENCE (a) The Contractor agrees to give preferences to Indians who can perform the work required regardless of age (subject to existing laws and regulations), sex, religon, or tribal affiliation for training and employment opportunities under this contract and, to the extent feasible consistent with the efficient performance of this contract, training and employment preferences and opportunities shall be provided to Indians regardless of age (subject to existing laws and reg. ulations), sex, religion, or tribal affiliation who are not fully qualified to perform under this contract. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts consistent with the efficient performance of this contract. The Contractor shall maintain such records as are necessary to indicate compliance with this paragraph.

(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall also provide opportunities for training incident to such employment. Such training shall include onthe-job, classroom, or apprenticeship training which is designed to increase the vocational effectiveness of an Indian employee.

(c) If the Contractor is unable to fill its training and employment needs after giving full consideration to Indians as required by this clause, those needs may be satisfied by selection of persons other than Indians in accordance with the clause of this contract entitled “Equal Opportunity."

(d) If no Indian organizations or Indianowned economic enterprises are available for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, or labor surplus area concerns.

(e) As used in this clause:

(1) "Indian" means a person who is a member of an Indian Tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the Contractor shall grant the preference but shall require the individual within thirty (30) days to provide evidence from the Tribe concerned that the person is a member of that Tribe.

(2) "Indian Tribe" means an Indian Tribe, band, nation, or other organized group or community, including any Alaska Native vil

8 14-7.650-10 Prohibition against use of

lead-based paint. Insert the clause set forth in IPR 14-18.150 under the conditions prescribed therein. [46 FR 61469, Dec. 17, 1981) 8 14-7.650-11 Release of claims.

The clause set forth in IPR 14-1.350 shall be used as prescribed therein. (46 FR 61469, Dec. 17, 1981)

Subpart 14-7.50—Special Contract

Clauses

§ 14-7.5001 Paperwork Reduction Act of

1980. Insert the clause set forth in IPR 14-1.351 under the conditions prescribed therein. (46 FR 61469, Dec. 17, 1981)

lage or regional or village corporation as de fined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(3) "Indian organization" means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451); and

(4) "Indian-owned economic enterprise" means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit provided that such Indian ownership shall constitute not less than 51 percent of the enterprise.

(f) The Contractor agrees to include the provisions of this clause including this paragraph (f) in each subcontract awarded under this contract.

(g) In the event of noncompliance with this clause, the Contractor's right to proceed may be terminated in whole or in part by the Contracting Officer and the work completed in a manner determined by the Contracting Officer to be in the best interests of the Government. (End of clause) (5 U.S.C. 301) (44 FR 62514, Oct. 31, 1979)

ment and training incident to such employment.

(3) Not less than twenty (20) calendar days prior to commencement of work under this contract, post a written notice, in the Tribal office of any reservations on which or near where the work under this contract is to be performed, which sets forth the Contractor's employment needs and related training opportunities. The notice shall include the approximate numbers and types clude the approximat of employees needed, the approximate dates of employment; the experience or special skills required for employment, if any; training opportunities available; and all other pertinent information necessary to advise prospective employees of any other employment requirements. The Contractor shall also request the Tribe(s) on or near whose reservation(s) the work is to be performed to provide assistance to the Contractor in filling its employment needs and training opportunities. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact in regard to the posting of notices and requests for Tribal assistance.

(4) Establish and conduct a subcontracting program which gives preference to Indian organizations and Indian-owned economic enterprises as subcontractors and suppliers under this contract. Consistent with the efficient performance of this contract, the Contractor shall give public notice of existing subcontracting opportunities by soliciting bids or proposals only from Indian organizations or Indian-owned economic enterprises. The Contractor shall request assistance and information on Indian firms qualified as suppliers or subcontractors from the Tribe(s) on or near whose reservation(s) the work under the contract is to be performed. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to be contacted in regard to the request for assistance and information. Public notices and solicitations for existing subcontracting opportunities shall provide an equitable opportunity for Indian firms to submit bids or proposals by including: (i) A clear description of the supplies or services required including quantities, specifications, and delivery schedules which facilitate the participation of Indian firms; (ii) a statement indicating that preference will be given to Indian organizations and Indian-owned economic enterprises in accordance with Section 7(b) of Public Law 93-638; (88 Stat. 2205; 25 U.S.C. 450e(b)); (iii) definitions for the terms "Indian organization” and "Indian-owned economic enterprise" as prescribed under the "Indian Preference" clause of this contract; (iv) a representation to be completed by the bidder or offeror that it is an Indian organization or Indian

8 14-7.5003 Indian preference program.

The following clause shall be used as prescribed in $ 14-1.354(b)(2) of this chapter:

INDIAN PREFERENCE PROGRAM (a) In addition to the requirements of the clause of this contract entitled "Indian Pref. erence,” the Contractor agrees to establish and conduct an Indian preference program which will expand the opportunities for Indian organizations and Indian-owned economic enterprises to receive a preference in the awarding of subcontracts and which will expand opportunities for Indians to receive preference for training and employment in connection with the work to be performed under this contract. In this connection, the contractor shall:

(1) Designate a liaison officer who will (1) maintain liaison with the Government and the Tribe(s) on Indian preference matters; (ii) supervise compliance with the provisions of this clause; and (iii) administer the Contractor's Indian preference program.

(2) Advise its recruitment sources in writing and include a statement in all advertisements for employment that Indian applicants will be given preference in employ

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