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ments and shall be in such detail as may be required by the Contracting Officer. The cost of such work as preparatory work, overhead, profit, bonds and insurance, taxes, warranties, and as-built drawings, shall be prorated into items of work through the life of the contract..

(b) Progress payments containing requests for materials shall be accompanied by itemized inventory lists with unit prices and supporting invoices showing unit costs of materials.

(c) The Contracting Officer may request evidence of payments by the Contractor to subcontractors at any time during the contract period.

the proposed fabrication and assembly of
structural elements and (ii) the installation
(i.e., form, fit, and attachment details) of
materials or equipment. The Government
may duplicate, use, and disciose in any
manner and for any purpose shop drawings
delivered under this contract.

(b) This clause, including this paragraph (b), shall be included in all subcontracts hereunder at any tier.

& 15–7.602-63 As-built drawings.

As-BUILT DRAWINGS The Contractor shall maintain during the progress of the work a complete and up-todate set of records prints, which shall be open to inspection by the Contracting Officer at any time. These prints shall be marked up to record all changes in the work and the exact location of all exposed and concealed pipe runs, valves, plugged outlets, cleanouts and other control points including electrical conduits and ducts, in such manner as will provide a complete, accurate as-built record. The location of pipes or control points concealed underground, under concrete, in chases or above hung ceilings shall be dimensioned. As-built drawing shall be neatly marked with colored pencils or ink, and shall be delivered to the Contracting Officer in a condition satisfactory to him as a condition precedent to final acceptance of the work.

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& 15-7.602-61 Specifications and drawings.

SPECIFICATIONS AND DRAWINGS (a) Six sets of contract drawings and specifications will be furnished the Contractor by the Contracting Officer after award of the contract, without charge. Additional sets may be obtained on request at the cost of reproduction. Six copies will be furnished to the Contractor of drawings and specifications revised as a result of changes under the contract.

(b) Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such ornitted or misdescribed details of the work but they shall be performed as if fully and correctly set forth and described in the drawings and specifications,

(c) The Contractor shall check all drawings furnished him immediately upon their receipt and shall promptly notify the Contracting Officer of any discrepancies. Fig. ures marked on drawings shall in general be followed in preference to scale measurements. Large scale drawings shall in general govern over small scale drawings. The Contractor shall compare all drawings and verify the figures before laying out the work and will be responsible for any errors which might have been avoided thereby

(d) Deviations from the drawings and the dimensions therein given, whether or not errors are believed to exist, shall be made only after written authority is obtained from the Contracting off

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ments and shall be in such detail as may be required by the Contracting Officer. The cost of such work as preparatory work, overhead, profit, bonds and insurance, taxes, warranties, and as-built drawings, shall be prorated into items of work through the life of the contract.

(b) Progress payments containing requests for materials shall be accompanied by itemized inventory lists with unit prices and supporting invoices showing unit costs of materials.

(c) The Contracting Officer may request evidence of payments by the Contractor to subcontractors at any time during the contract period.

the proposed fabrication and assembly of structural elements and (ii) the installation (i.e., form, fit, and attachment details) of materials or equipment. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.

(b) This clause, including this paragraph (b), shall be included in all subcontracts hereunder at any tier.

§ 15-7.602-61 Specifications and drawings.

$ 15-7.602-63 As-built drawings.

As-BUILT DRAWINGS The Contractor shall maintain during the progress of the work a complete and up-todate set of records prints, which shall be open to inspection by the Contracting Officer at any time. These prints shall be marked up to record all changes in the work and the exact location of all exposed and concealed pipe runs, valves, plugged outlets, cleanouts and other control points including electrical conduits and ducts, in such manner as will provide a complete, accurate as-built record. The location of pipes or control points concealed underground, under concrete, in chases or above hung ceilings shall be dimensioned. As-built drawing shall be neatly marked with colored pencils or ink, and shall be delivered to the Contracting Officer in a condition satisfactory to him as a condition precedent to final acceptance of the work.

SPECIFICATIONS AND DRAWINGS (a) Six sets of contract drawings and specifications will be furnished the Contractor by the Contracting Officer after award of the contract, without charge. Additional sets may be obtained on request at the cost of reproduction. Six copies will be furnished to the Contractor of drawings and specifications revised as a result of changes under the contract.

(b) Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misde

such omitted or misdescribed details of the work but they shall be performed as if fully and correctly set forth and described in the drawings and specifications.

(c) The Contractor shall check all drawings furnished him immediately upon their receipt and shall promptly notify the Contracting Officer of any discrepancies. Fig. ures marked on drawings shall in general be followed in preference to scale measurements. Large scale drawings shall in general govern over small scale drawings. The Contractor shall compare all drawings and verify the figures before laying out the work and will be responsible for any errors which might have been avoided thereby.

(d) Deviations from the drawings and the dimensions therein given, whether or not errors are believed to exist, shall be made only after written authority is obtained from the Contracting Officer.

§ 15-7.602-64 Standard references.

STANDARD REFERENCES (a) Any materials, equipment, or workmanship specified by reference to the number, symbol, or title of any specific Standard shall comply with the latest edi. tion or revision thereof and any amendment or supplement thereto in effect on the date of the Invitation for Bids, except as limited to type, class or grade, or modified in these specifications.

(b) Standards referred to in the specifications are incorporated herein by reference.

(c) "Federal Specifications," "Commercial Standards," and "Simplified Practice Recommendations" can be purchased from the Superintendent of Documents, United States Government Printing Office, Washington, DC 20402. Directions for purchase and the price of each copy are contained in the respective indexes obtainable from the same source at current prices.

(d) Standards of Associations referred to in the specifications may be obtained direct. ly from the Association.

& 15-7.602-62 Rights in shop drawings.

RIGHTS IN SHOP DRAWINGS (a) Shop drawings for construction means drawings, submitted to the Government by the Construction Contractor, subcontractor or any lower tier subcontractor pursuant to a construction contract, showing in detail (i)

$ 15-7.602-65 Progress charts and require. Subpart 15-7.50—Architect-Engineer ments for overtime work.

Negotiated Contracts
PROGRESS CHARTS AND REQUIREMENTS FOR
OVERTIME WORK

$ 15-7.5000 Scope of subpart. This clause is applicable if the perform

This subpart sets forth uniform conance time of the contract exceeds 4 weeks

tract clauses for use in negotiated arand then only to the extent set forth in the

chitect-engineer contracts and are in schedule of this contract.

addition to those prescribed in FPR (a) The Contractor shall within 5 days or Subpart 1-16.7. For convenience, these within such time as determined by the Con- clauses are reproduced on EPA Form tracting Officer, after date of commence 1900-30. ment of work, prepare and submit to the Contracting Officer for approval a practica. $ 15-7.5002 Required clauses. ble schedule, showing the order in which the Contractor proposes to carry on the § 15-7.5002-1 Method of payment. work, the date on which he will start the

Insert the following clause in negotiseveral salient features (including procure

ated architect-engineer contracts. ment of materials, plant, and equipment) and the contemplated dates for completing

METHOD OF PAYMENT the same. The schedule shall be in the form of a progress chart of suitable scale to indi

(a) estimates shall be made monthly of cate appropriately the percentage of work

the amount and value of the work and serv

ices performed by the Architect-Engineer scheduled for completion at any time. The Contractor shall enter on the chart the

under this contract, such estimates to be

prepared by the Architect-Engineer and acactual progress at such intervals as directed

companied by such supporting data as may by the Contracting Officer and shall imme

be required by the Contracting Officer. diately deliver to the Contracting Officer

(b) Upon approval of such estimate by the three copies thereof. If the Contractor fails

Contracting Officer payment upon properly to submit a progress schedule within the

certified vouchers shall be made to the Artime herein prescribed, the Contracting Of.

chitect-Engineer as soon as practicable of 90 ficer may withhold approval of progress

percent of the amount as determined above, payment estimates until such time as the less all previous payments: Provided, howevContractor submits the required progresser, That if the Contracting Officer deterschedule.

mines that the work is substantially com(b) If, in the opinion of the Contracting plete and that the amount of retained perOfficer, the Contractor falls behind the centages is in excess of the amount considprogress schedule, the Contractor shall take ered by him to be adequate for the protecsuch steps as may be necessary to improve tion of the Government, he may at his dishis progress and the Contracting Officer cretion release to the Architect-Engineer may require him to increase the number of such excess amount. shifts, or overtime operations, days of work. (c) Upon satisfactory completion by the or the amount of construction plant, or all Architect-Engineer of the work called for of them, and to submit for approval such under the terms of this contract, and upon supplementary schedule or schedules in

acceptance of such work by the Contracting chart form as may be needed necessary to

Officer, the Architect-Engineer shall be demonstrate the manner in which the

paid the unpaid balance of any money due agreed rate of progress will be regained, all

ou for such work, including the retained perwithout additional cost to the Government.

centages relating to this portion of the

work. (c) Failure of the Contractor to comply

(d) Upon satisfactory completion of the with the requirements of the Contracting Officer under this provision

construction work and its final acceptance, shall be

the Architect-Engineer shall be paid the grounds for determination by the Contract

unpaid balance of any money due hereuning Officer that the Contractor is not pros

der. Prior to such final payment under the ecuting the work with such diligence as will

contract, or prior settlement upon terminainsure completion within the time specified.

tion of the contract, and as a condition preUpon such determination the Contracting

cedent thereto, the Architect-Engineer shall Officer may terminate the Contractor's execute and deliver to the Contracting Offiright to proceed with the work, or any sepa cer a release of all claims against the Govrable part thereof, in accordance with the

ernment arising under or by virtue of this clause of the contract entitled "Termination contract, other than such claims, if any, as for Default-Damages for Delay-Time Exten may be specifically excepted by the Archisions."

tect-Engineer from the operation of the release in stated amounts to be set forth other than a nonprofit organization therein.

operating a Government-owned re

search or production facility. In addi$ 15-7.5002-2 Composition of contractor.

tion, see § 15-9.107-50 regarding the Insert the clause set forth in § 15

use of a Background Patent Rights 7.602-50, but substitute “Architect-En

clause. gineer” for “Contractor".

(3) Notwithstanding the provisions $ 15-7.5002-3 Gratuities.

of paragraph (a)(2) of this section,

each solicitation for offers shall conInsert the clause set forth in § 15

tain the following statement: 7.302-53, but substitute Architect-Engineer” for “Contractor”.

The offeror may submit a written state

ment with his proposal setting forth the PART 15-9–PATENTS, DATA, AND

reasons why he considers the Patent Rights

clause incorporated in this solicitation to be COPYRIGHTS

inappropriate in whole or part. In any such

statement, the offeror shall propose that alSubpart 15-9.1—Patents

ternative clause, and/or appropriate

modification(s) as authorized by 41 CFR Sec.

Subpart 1-9.1 together with the reasons for 15-9.100 Scope of subpart.

selection of the alternative clause or modifi15-9.107-4 Procedures. 15-9.107-50 Background patent

cation. In addition, the offeror may submit rights

a request, including reasons for either elimiclause.

nation or modification of any Background AUTHORITY: Sec. 205(c); 63 Stat. 390; 40 Patent Rights clause contained in this soU.S.C. 486(c).

licitation. SOURCE: 41 FR 19109, May 10, 1976, unless

(4) The requirements and provisions otherwise noted.

set forth in paragraphs (a) (1), (2), and

(3) of this section are also applicable Subpart 15-9.1—Patents

to contracts resulting from unsolicited

proposals. 8 15-9.100 Scope of subpart.

(5) Prior to elimination or modificaThis subpart implements 41 CFR

tion of clauses in response to written Subpart 1-9.1, Patents (40 FR 19814,

requests received by procuring activiMay 7, 1975 and 40 FR 28067, July 3,

ties regarding modification or elimina. 1975) and supplements the subpart by

tion of Patent Rights or Background adding $ 15-9.107-50, Background

Patent Rights clauses, such requests patent rights.

shall be forwarded to the Director, 8 15-9.107-4 Procedures.

Contracts Management Division (PM

214) for review by Patent Counsel, (a) Selection of Patent Rights Clause. (1) Every EPA contract which

Office of General Counsel. An analysis

of the request and a recommendation has as its purpose or may involve the

by the contracting officer may accomconduct of experimental, developmental or research work, including pilot

pany such request. and demonstration projects (herein

(6) Any request by a prospective conafter referred to as a "research con

tractor that the rights clause for the tract”), shall include a Patent Rights

proposed contract permit it to retain clause.

rights greater than a nonexclusive li(2) It is anticipated that the greater

cense in specific or all inventions that majority of EPA research contracts

are conceived or first actually reduced will fall within FPR 1-9.107-3(a) and

to practice in the course of or under FPR 1-9.107-4(a)(2). Therefore, each

the contract, shall set forth what it EPA research contract shall contain views as exceptional circumstances, as the “Patent Rights-Acquisition by the provided for in FPR 1-9.107-3(a). Such Government” clause, set out in FPR 1- circumstances that EPA would consid9.107-5(a); except that, the clause set er might include: out in FPR 1-9.107-6(a) may be used (i) Cost sharing or co-sponsorship of in contracts for basic or applied re- the proposed experimental, developsearch with nonprofit organizations mental or research work;

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