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.

§ 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 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. Figures 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

§ 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.

§ 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 edition 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) Stars referred to in the specifications are orated herein by reference. pecifications," "Commercial "Simplified Practice Recn be purchased from the Documents, United Printing Office, Washrections for purchase copy are contained in obtainable from the rices.

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.

§ 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 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.

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(c) The Contractor shall check all drawings furnished him immediately upon their receipt and shall promptly notify the Contracting Officer of any discrepancies. Figures marked on drawings shall in general be followed in preference to scale urements. 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.

§ 15-7.602-62 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)

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.

§ 15-7.602-63 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.

§ 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 edition 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 directly from the Association.

§ 15-7.602-65 Progress charts and requirements for overtime work.

PROGRESS CHARTS AND REQUIREMENTS FOR
OVERTIME WORK

This clause is applicable if the performance time of the contract exceeds 4 weeks and then only to the extent set forth in the schedule of this contract.

(a) The Contractor shall within 5 days or within such time as determined by the Contracting Officer, after date of commencement of work, prepare and submit to the Contracting Officer for approval a practicable schedule, showing the order in which the Contractor proposes to carry on the work, the date on which he will start the several salient features (including procurement of materials, plant, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion at any time. The Contractor shall enter on the chart the actual progress at such intervals as directed by the Contracting Officer and shall immediately deliver to the Contracting Officer three copies thereof. If the Contractor fails to submit a progress schedule within the time herein prescribed, the Contracting Officer may withhold approval of progress payment estimates until such time as the Contractor submits the required progress schedule.

(b) If, in the opinion of the Contracting Officer, the Contractor falls behind the progress schedule, the Contractor shall take such steps as may be necessary to improve his progress and the Contracting Officer may require him to increase the number of shifts, or overtime operations, days of work, or the amount of construction plant, or all of them, and to submit for approval such supplementary schedule or schedules in chart form as may be needed necessary to demonstrate the manner in which the agreed rate of progress will be regained, all without additional cost to the Government.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this provision shall be grounds for determination by the Contracting Officer that the Contractor is not prosecuting the work with such diligence as will insure completion within the time specified. Upon such determination the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part thereof, in accordance with the clause of the contract entitled "Termination for Default-Damages for Delay-Time Extensions."

Subpart 15-7.50-Architect-Engineer Negotiated Contracts

§ 15-7.5000 Scope of subpart.

This subpart sets forth uniform contract clauses for use in negotiated architect-engineer contracts and are in addition to those prescribed in FPR Subpart 1-16.7. For convenience, these clauses are reproduced on EPA Form 1900-30.

§ 15-7.5002 Required clauses.

§ 15-7.5002-1 Method of payment. Insert the following clause in negotiated architect-engineer contracts.

METHOD OF PAYMENT

(a) estimates shall be made monthly of the amount and value of the work and services performed by the Architect-Engineer under this contract, such estimates to be prepared by the Architect-Engineer and accompanied by such supporting data as may be required by the Contracting Officer.

(b) Upon approval of such estimate by the Contracting Officer payment upon properly certified vouchers shall be made to the Architect-Engineer as soon as practicable of 90 percent of the amount as determined above, less all previous payments: Provided, however, That if the Contracting Officer determines that the work is substantially complete and that the amount of retained percentages is in excess of the amount considered by him to be adequate for the protection of the Government, he may at his discretion release to the Architect-Engineer such excess amount.

(c) Upon satisfactory completion by the Architect-Engineer of the work called for under the terms of this contract, and upon acceptance of such work by the Contracting Officer, the Architect-Engineer shall be paid the unpaid balance of any money due for such work, including the retained percentages relating to this portion of the work.

(d) Upon satisfactory completion of the construction work and its final acceptance, the Architect-Engineer shall be paid the unpaid balance of any money due hereunder. Prior to such final payment under the contract, or prior settlement upon termination of the contract, and as a condition precedent thereto, the Architect-Engineer shall execute and deliver to the Contracting Officer a release of all claims against the Government arising under or by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Architect-Engineer from the operation of the re

§ 15-9.107-4 Procedures.

(a) Selection of Patent Rights Clause. (1) Every EPA contract which has as its purpose or may involve the conduct of experimental, developmental or research work, including pilot and demonstration projects (hereinafter referred to as a "research contract"), shall include a Patent Rights clause.

(2) It is anticipated that the greater majority of EPA research contracts will fall within FPR 1-9.107-3(a) and FPR 1-9.107-4(a)(2). Therefore, each EPA research contract shall contain the "Patent Rights-Acquisition by the Government" clause, set out in FPR 19.107-5(a); except that, the clause set out in FPR 1-9.107-6(a) may be used in contracts for basic or applied research with nonprofit organizations

other than a nonprofit organization operating a Government-owned research or production facility. In addition, see § 15-9.107-50 regarding the use of a Background Patent Rights clause.

(3) Notwithstanding the provisions of paragraph (a)(2) of this section, each solicitation for offers shall contain the following statement:

The offeror may submit a written statement with his proposal setting forth the reasons why he considers the Patent Rights clause incorporated in this solicitation to be inappropriate in whole or part. In any such statement, the offeror shall propose that alternative clause, and/or appropriate modification(s) as authorized by 41 CFR Subpart 1-9.1 together with the reasons for selection of the alternative clause or modification. In addition, the offeror may submit a request, including reasons for either elimination or modification of any Background Patent Rights clause contained in this solicitation.

(4) The requirements and provisions set forth in paragraphs (a) (1), (2), and (3) of this section are also applicable to contracts resulting from unsolicited proposals.

(5) Prior to elimination or modification of clauses in response to written requests received by procuring activities regarding modification or elimination of Patent Rights or Background Patent Rights clauses, such requests shall be forwarded to the Director, Contracts Management Division (PM214) for review by Patent Counsel, Office of General Counsel. An analysis of the request and a recommendation by the contracting officer may accompany such request.

(6) Any request by a prospective contractor that the rights clause for the proposed contract permit it to retain rights greater than a nonexclusive license in specific or all inventions that are conceived or first actually reduced to practice in the course of or under the contract, shall set forth what it views as exceptional circumstances, as provided for in FPR 1-9.107-3(a). Such circumstances that EPA would consider might include:

(i) Cost sharing or co-sponsorship of the proposed experimental, developmental or research work;