§ 15-7.403 Clauses to be used when applicable.

§ 15-7.403-50 Insurance (Partial Immunity).

The following clause shall be inserted in those contracts when the contractor has claimed partial immunity from tort liability as a State Agency or as a charitable institution.

INSURANCE (PARTIAL IMMUNITY)

(a) The Contractor shall procure and maintain such insurance as is required by law or regulation, including that required by Subpart 1-10.5 of the Federal Procurement Regulations as of the date of this contract, and such insurance as the Contracting Officer prescribes by written direction.

(b) At a minimum, the Contractor shall procure and maintain the following types and amounts of insurance:

(1) Workmen's compensation and occupational disease insurance in amounts sufficient to satisfy State law;

(2) Employer's liability insurance, where available:

(3) Public liability insurance, on the comprehensive form of policy, in the amount of $200,000 per claimant and $500,000 per incident;

(4) When aircraft are used in the performance of the contract, aircraft public and passenger liability insurance, in such form, in such amounts, and for such periods of time as the Contracting Officer may require or approve; and

(5) When vessels are used in the performance of the contract, vessel collision liability and protection and indemnity liability insurance, in such form, in such amounts, and for such periods of time as the Contracting Officer may require or approve.

(c) With respect to any insurance policy all or part of the premiums of which the Contractor proposes to treat as a direct cost under this contract, and with respect to any proposed qualified program of self-insurance, the written approval of the Contracting Officer shall be obtained prior to any claim for payment therefor. The Contractor shall be reimbursed for the portion allocable to this contract.

(d) The terms of any other insurance policy held by the Contractor shall be submitted to the Contracting Officer for review and/or approval upon request of the Contracting Officer.

(e) Notwithstanding paragraphs (a) and (b) of this clause, the Contractor need not procure or maintain insurance coverage as provided in paragraph (a) of this clause; Provided, the Contractor may obtain any insurance coverage he deems necessary subject to approval by the Contracting Officer

§ 15-7.450-2 Negotiated overhead rates.

(a) Notwithstanding the provisions of the clause of this contract entitled, "Allowable Cost and Payment," the allowable indirect costs under this contract shall be obtained by applying negotiated fixed overhead rates for the applicable periods to bases agreed upon by the parties, as specified in the Contract Schedule Article entitled "Negotiated Overhead Rates." A negotiated fixed rate or rates is based on an estimate of the costs which will be incurred during the period for which the rates apply. When the application of the negotiated fixed rates against the actual bases during a given fiscal period produces an amount greater or less than the indirect costs determined for such period, such greater or lesser amounts will be carried forward to a subsequent period.

(b) The Contractor, as soon as possible but not later than 90 days after the expiration of his fiscal year, or such other periods as may be specified in the contract, shall submit to the Cost Review and Policy Branch of the Contracts Management Division, with one copy each to the cognizant audit activity and the cognizant negotiating agency delegated in Attachment "A" of the Federal Management Circular 73-6: Coordinating Indirect Cost Rates and Audit at Educational Institutions, a proposed fixed

overhead rate or rates based on the Contractor's actual cost experience during the fiscal year, including adjustments, if any, for amounts carried forward, together with supporting cost data. When the application of the negotiated fixed rates against the actual bases for a given fiscal period produces an amount greater or less than the actual indirect costs determined for that period, such greater or lesser amounts will be carried forward and reflected in the negotiated fixed rates of a subsequent period. Negotiation of the fixed overhead rates by the Contractor and the Government shall be undertaken as promptly as practicable after receipt of the Contractor's proposal.

(c) Allowability of costs and acceptability of cost allocation methods shall be determined in accordance with paragraph (a)(1) of the clause of this contract entitled "Allowable Cost and Payment."

(d) The results of each negotiation shall be set forth in a modification to this contract, which shall specify (1) the agreed fixed overhead rates; (2) the bases to which the rates apply; and (3) the periods for which the rates apply.

(e) Pending establishment of fixed overhead rates for the initial period of contract performance or for any fiscal year or different period agreed to by the parties, the Contractor shall be reimbursed either at (1) the rates fixed for the previous fiscal year or other period; or (2) billing rates acceptable to the Contracting Officer, subject to appropriate adjustment when the final rates for that fiscal year or other periods are established.

(f) Any failure by the parties to agree on any fixed overhead rate or rates or to the amount of any carry forward adjustment under this clause shall not be considered a dispute concerning a question of fact for decision by the Contracting Officer within the meaning of the "Disputes" clause of this contract. If for any fiscal year or other period of contract performance the parties fail to agree to a fixed overhead rate or rates, it is agreed that the allowable indirect costs under this contract shall be obtained by applying negotiated final overhead rates in accordance with the terms of the "Negotiated Overhead Rates-Postdetermined" clause set forth in this Clause applicable to educational institutions.

§ 15-7.450-3 Printing.

and as

Insert the clause set forth in § 157.302-50.

§ 15-7.450-4 Gratuities.

Insert the clause set forth in § 157.302-54.

§ 15-7.450-5 Date requirements.

Insert the clause set forth in § 157.302-52.

§ 15-7.450-6 Rights in data.

Insert the clause set forth in § 157.302-51.

§ 15-7.450-7 Background patent rights.

Insert the clause set forth in § 157.302-53 in accordance with the conditions prescribed therein.

§ 15-7.450-8 Authorization and consent. Insert the clause set forth in § 157.302-55.

(5 U.S.C. 301)

[43 FR 9280, Mar. 7, 1978]

§ 15-7.451 Clauses to be used when applicable.

§ 15-7.451-1 Insurance (Partial Immunity).

Insert the clause set forth in § 157.403-50 under the conditions prescribed therein.

§ 15-7.451-2 Treatment of confidential business information.

Insert the clause set forth in § 157.350-1 under the conditions prescribed therein.

(5 U.S.C. 301)

[43 FR 9280, Mar. 7, 1978]

§ 15-7.451-3 Screening business information for claims of confidentiality. Insert the clause set forth in § 157.350-2 under the conditions prescribed therein

(5 U.S.C. 301)

[43 FR 9280, Mar. 7, 1978]

Subpart 15-7.6-Fixed-Price Construction Contracts

§ 15-7.600 Scope of subpart.

This subpart sets forth uniform contract clauses for use in fixed-price construction contracts in addition to those prescribed in FPR Subpart 1-7.6. For convenience, these clauses are reproduced on EPA Form 1900-32.

(a) The divisions or sections of the specifications are not intended to control the Contractor in dividing the work among his subcontractors, or to limit the work performed by any trade. The Contractor shall be responsible to the Government for acts and omissions of his own employees, and of subcontractors and their employees. He shall also be responsible for the coordination of work of the trades, subcontractors, and material men.

(b) The Contractor shall, without additional expense to the Government, employ Specialty Subcontractors where required by the specifications.

(c) The Government or its representatives will not undertake to settle any differences between the Contractor and his subcontractors, or between subcontractors.

(d) Within 7 days after award of any subcontract either by himself or a subcontractor, the Contractor shall deliver to the Contracting Officer a statement setting forth the name and address of the subcontractor and a summary description of the work subcontracted. The Contractor shall at the same time furnish a statement signed by the subcontractor acknowledging the inclusion in his subcontract of the clauses of this contract entitled "Equal Opportunity," "DavisBacon Act," "Contract Work Hours and Safety Standards Act-Overtime Compensation," "Apprentices and Trainees," "Payrolls and Basic Records," "Compliance with Copeland Regulations," "Withholding of Funds," "Subcontracts" and "Contract Termination Debarment."

(e) Nothing contained in this contract shall be construed as creating any contractual relation between any subcontractor and the Government.

§ 15-7.602-52 Samples and certificates.

SAMPLES AND CERTIFICATES

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of contract, prepaid, in time for

proper action by the Contracting Officer or his designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified with the specified performance requirements. Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

§ 15-7.602-53 Performance of work by contractor.

PERFORMANCE OF WORK BY CONTRACTOR

The Contractor shall perform on the site, and with his own organization, work equivalent to at least twenty percent (20%) of the total amount of work to be performed under the contract. If, during the progress of the work hereunder, the Contractor requests a reduction in such percentage, and the Contracting Officer determines that it would be to the Government's advantage, the percentage of the work required to be performed by the Contractor may be reduced, provided, written approval of such reduction is obtained by the Contractor from the Contracting Officer.

§ 15-7.602-54 Use of premises.

USE OF PREMISES

(a) The Contractor shall comply with the security requirements and regulations governing the operation of the premises; shall perform his contract activities in such a manner as not to interrupt or interfere with the conduct of Government business; and shall be liable for all damage caused by him to Government Owned Property, both real and personal.

(b) All operations of the Contractor upon Government premises shall be confined to areas authorized or approved by the Contracting Officer. Materials for construction shall be neatly stored and protected against weather.

(c) The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways or construct and use such temporary roadways as may be authorized by the Contracting Officer. Where materials are transported in the prosecution of the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State or local law or regulation. When it is necessary to cross curbings or sidewalks, protection against damage shall be provided by the Contractor and any damaged roads, curb

ings, or sidewalks shall be repaired by, or at the expense of the Contractor. The Contractor shall prepare off-the-road areas adjacent to the construction site for parking, storage of equipment and supplies as required during construction and will in no way interfere or block access to any buildings or facilities within the area involved.

(d) Signs and advertisements will not be permitted on the construction site unless approval has been obtained from the Contracting Officer; however, the Contractor shall provide such signs, as required, to expedite deliveries to the contract site, for safety and to prevent interference with Government operations.

(e) The Contractor shall preserve and protect all existing vegetation such as trees, shrubs, and grass on or adjacent to the site except those designated by the Contracting Officer for removal, replacement, or relocation in the course of construction. The Contractor shall be responsible for all cutting or damaging of trees and vegetation, including damage due to careless operation of equipment, stockpiling of materials, or tracking of grass areas by equipment. Any damage to existing structures, utilities, and vegetation caused by the Contractor shall be repaired or restored promptly by and at the expense of the Contractor. If the Contractor fails to act promptly, the Government will make repairs and restoration. The costs of such repairs and restoration shall be charged to the Contractor or deducted from amounts due or to become due.

(f) Temporary buildings such as storage sheds, shops, and offices, may be erected by the Contractor only with the approval of the Contracting Officer, and shall be built with labor and materials furnished by the Contractor without expense to the Government. Such temporary buildings shall remain the property of the Contractor and shall be removed by him at his expense upon the completion of the work. With the written consent of the Contracting Officer, such buildings may be abandoned and need not be removed.

§ 15-7.602-55 Safety and health.

SAFETY AND HEALTH

(a) In order to protect the life and health of employees and other persons; prevent damage to property, materials, supplies, and equipment; and to avoid work interruptions, the Contractor shall, in the performance of this contract, comply with applicable provisions of Federal, State, and local safety, health, and sanitation laws and codes.

(b) The Contractor shall also comply with all pertinent provisions of the safety and health regulations of the Department of Labor, Occupational Safety and Health Administration, 29 CFR Part 1926. The Contracting Officer shall notify the Contractor,

in writing, of any noncompliance and indicate to the Contractor the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his representative(s) at the site of the work, shall be deemed sufficient.

(c) If the Contractor fails or refuses to comply promptly with requirements, the Contracting Officer may issue an order to suspend all or any part of the work. When satisfactory corrective action is taken an order to resume work will be issued. No part of the time lost due to any such suspension order shall entitle the Contractor to any extension of time for the performance of the contract or to excess costs or damages.

(d) The Contractor shall maintain an accurate record of, and shall immediately report orally or otherwise to the Contracting Officer all causes of death, occupational diseases, or traumatic injury arising out of or in the course of employment incident to the performance of work under the contract. Upon receipt of this notice, the Contracting Officer will forward EPA Form 1440-7 entitled, "Safety Officer's Analysis of Accident" which shall be completed by the Contractor and forwarded to the Contracting Officer within seven (7) days after receipt thereof.

(e) During the performance of work under this contract, the Contractor shall comply with all procedures prescribed by the Contracting Officer for the control and safety of persons visiting the job site and shall comply with such requirements to prevent accidents as may be specified or issued by the Contracting Officer.

(f) The Contractor shall be responsible for insuring that his subcontractors comply with the provisions of this paragraph.

§ 15-7.602-56 Guarantees.

GUARANTEES

(a) Unless otherwise provided in the specifications, the Contractor guarantees all mechanical and electrical work to be in accordance with contract requirements and free from defective or inferior materials, equipment, and workmanship for one year after the date of final acceptance or the date the equipment or work was placed in use by the Government.

(b) If, within any guarantee period, the Contracting Officer finds that guaranteed work needs to be repaired or changed because of the use of materials, equipment, or workmanship which, in his opinion, are inferior, defective, or not in accordance with the terms of the contract, he shall so inform the Contractor in writing and the Contractor shall promptly and without additional expense to the Government:

(1) Place in a satisfactory condition all of such guaranteed work;

(2) Satisfactorily correct all damage to equipment, the site, the building or contents thereof, which is the result of such unsatisfactory guaranteed work; and

(3) Satisfactorily correct any work, materials, and equipment that are disturbed in fulfilling the guarantee, including any disturbed work, materials, and equipment that may have been guaranteed under another contract.

(c) Should the Contractor fail to proceed promptly in accordance with the guarantee, the Government may have such work performed at the expense of the Contractor.

(d) Any special guarantees that may be required under this contract shall be subject to the stipulations set forth above, insofar as they do not conflict with the provisions of such special guarantees.

(e) The Contractor shall obtain each transferable guarantee or warranty of equipment, materials, or installation thereof which is furnished by any manufacturer, supplier, or installer in the ordinary course of the manufacturer's, supplier's or installer's business or trade. In addition, the Contractor shall obtain and furnish to the Government all information which is required in order to make any such guarantee or warranty legally binding and effective, and shall submit both the information and the guarantee or warranty to the Government in sufficient time to permit the Government to meet any time limit requirements specified in the guarantee or warranty or, if no time limit is specified, prior to completion and acceptance of all work under this contract.

§ 15-7.602-57 Layout of work.

LAYOUT OF WORK

The Contractor shall lay out his work from Government established base lines and bench marks indicated on the drawings and shall be responsible for all measurements in connection therewith. The Contractor shall furnish, at his own expense, all stakes, templates, platforms, equipment, tools, and materials and labor as may be required in laying out any part of the work from the base lines and bench marks established by the Government. The Contractor will be held responsible for the execution of the work to such lines and grades as may be established or indicated by the Contracting Officer. It shall be the responsibility of the Contractor to maintain and preserve all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed, by the Contractor or through his negligence, prior to their authorized removal, they may be replaced by the Contracting Officer at his discretion. The expense of re

placement will be deducted from any amounts due or to become due the Contractor.

§ 15-7.602-58 Cleaning up.

CLEANING UP

(a) The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulations of waste material or rubbish and prior to completion of the work remove any rubbish from the premises and all tools, scaffolding, equipment, and materials not the property of the Government. Upon completion of the construction the Contractor shall leave the work and premises in a clean, neat, and workmanlike condition satisfactory to the Contracting Officer.

(b) The Contractor agrees to comply with the requirements of guidelines promulgated under section 209 of the Solid Waste Disposal Act as amended (42 U.S.C. 3254e) in carrying out all aspects of construction that take place on Federal property.

The Contractor, in connection with any proposal he makes for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work involved in the modification, whether such work was deleted, added, or changed. Any amount claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification therefore shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer.

§ 15-7.602-60 Breakdown for payment estimates.

BREAKDOWN FOR PAYMENT ESTIMATES

(a) Before the first payment under the contract becomes due and to further implement Article 44, "Payments to Contractor," of this contract, the Contractor and Contracting Officer shall jointly prepare a schedule of the estimated values of each principal category of the work which when added together equal the total contract price. The values in the schedule will be used only for determining progress pay