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Sec. 12-7.5103-1 Method of payment. 12-7.5103-2 Preparation of specifications. 12-7.5103-3 Construction cost limitations. 12–7.5103-4 Building codes.

Sec. 12-7.5001-5 Termination for convenience

of the Government. 12-7.5001-6 Default. 12-7.5001-7 Disputes. 12-7.5001-8 Convict labor. 12-7.5001-9 Contract Work Hours Stand

ards Act-overtime compensation. 12-7.5001-10 Officials not to benefit. 12-7.5001-11 Covenant against contingent

fees. 12-7.5001-12 Gratuities. 12-7.5001-13 Equal opportunity. 12-7.5001-14 Examination of records by

Comptroller General. 12-7.5001-15 Requirements. 12-7.5001-16 Contract period. 12-7.5001-17 Area of performance. 12-7.5001-18 Specifications. 12-7.5001-19 Using activities. 12-7.5001-20 Delivery orders and invoices. 12-7.5001-21 Delivery and performance. 12-7.5001-22 Subcontracting. 12-7.5001-23 Additional default provision. 12-7.5001-24 Inspection. 12-7.5001-25 Group interment. 12-7.5001-26 Professional requirements. 12-7.5001-27 Facility requirements. 12-7.5001-28 Preparation history. 12-7.5001-29 Changes. 12-7.5001-30 Inconsistent provisions. 12-7.5001-31 Coordination. 12-7.5001-32 Preparation of remains at

other than contractor's establishment. 12-7.5001-33 Major restorative art. 12-7.5001-34 Passenger car.

Subpart 12-7.52—Clauses for Fixed-Price

Vessel Repair, Alteration, or Conversion

Contracts 12-7.5200 Scope of subpart. 12-7.5201 Required clauses. 12-7.5201-1 Delivery and shifting of vessel. 12-7.5201-2 Performance. 12-7.5201-3 Inspection and manner of

doing work. 12-7.5201-4 Subcontracts. 12-7.5201-5 Lay days. 12-7.5201-6 Changes. 12-7.5201-7 Extras. 12-7.5201-8 Payments. 12-7.5201-9 Government-furnished proper

ty. 12-7.5201-10 Liability and insurance. 12-7.5201-11 Title. 12-7.5201-12 Discharge of liens. 12-7.5201-13 Federal, State, and local

taxes. 12-7.5201-14 Default. 12-7.5201-15 Delays. 12-7.5201-16 Termination for convenience

of the Government. 12-7.5201-17 Disputes. 12-7.5201-18 Patent indemnity. 12-7.5201-19 Authorization and consent. 12-7.5201-20 Notice and assistance regard

ing patent and copyright infringement. 12-7.5201-21 Buy American Act. 12-7.5201-22 Convict labor. 12-7.5201-23 Contract Work Hours and

Safety Standards Act-overtime com

pensation, 12-7.5201-24 Walsh-Healey Public Con

tracts Act. 12-7.5201-25 Department of Labor safety

and health regulations for ship repair

ing. 12-7.5201-26 Equal opportunity. 12-7.5201-27 Officials not to benefit. 12-7.5201-28 Covenant against contingent

fees. 12-7.5201-29 Additional bond security. 12-7.5201-30 Interpretation or modifica

tion. 12-7.5201-31 Notice of delays. 12-7.5201-32 gratuities. 12-7.5201-33 Examination of records by

Comptroller General. 12-7.5201-34 Utilization of small business

concerns. 12-7.5201-35 Utilization of labor surplus

area concerns. 12-7.5201-36 Assignment of claims. 12-7.5201-37 Definitions. 12-7.5202 Clauses to be used when applica

ble.

Subpart 12-7.51-Clauses for Architect

Engineer Contracts 12-7.5100 Scope. 12-7.5100-1 Amendment of Standard Form

253. 12-7.5101 Required clauses. 12-7.5101-1 Composition of contractor. 12-7.5101-2 Interpretation of modification. 12-7.5101-3 Dissemination of contract in

formation. 12-7.5101-4 Inspection. 12-7.5101-5 Notice of delays. 12-7.5101-6 Certification of drawings and

other documents. 12-7.5101-7 Gratuities. 12-7.5102 Clauses to be used when applica

ble. 12-7.5102-1 Military security requirements. 12-7.5102-2 Audit and records. 12-7.5102-3 Price reduction for defective

cost or pricing data. 12-7.5102-4 Subcontractor cost or pricing

data. 12-7.5102-5 Architectural designs and

data-Government rights (sole proper

ty). 12-7.5102-6 Renegotiation. 12-7.5103 Additional clauses.

Sec. 12-7.5202-1 Price reduction for defective

cost of pricing data. 12-7.5202-2 Audit and records. 12-7.5202-3 Subcontractor cost and pricing

data. 12-7.5202-4 Military security requirements. 12-7.5202-5 Guaranty. 12-7.5202-6 Priorities, allocations, and al

lotments. 12-7.5202-7 Index for specifications.

AUTHORITY: Sec. 205(c), 63 Stat. 389; 40 U.S.C. 486(c), 10 U.S.C. 2301-2314.

Source: 42 FR 45210, Sept. 8, 1977, unless otherwise noted. 8 12–7.000 Scope of part.

This part sets forth all contract clauses for use in connection with the procurement of supplies and services.

EXTENT OF QUANTITY VARIATION The permissible variation under the clause of the General Provisions entitled Variation in Quantity" shall be limited to: Increase (insert: -- percent or none) Decrease (insert: -- percent or none)

This increase or decrease shall apply to --. (Insert in the blank the designation(s) to which the percentages apply, such as (1) the total contract quantity; (2) Item 1 only; (3) each quantity specified in the delivery schedule of the “Time or Delivery” clause; (4) the total item quantity for each destination; (5) the total quantity of each item without regard to destination.)

(End of clause)

$12-7.102-5 Inspection.

Insert the clause set forth in FPR 17.102-5.

Subpart 12–7.1-Clauses for Fixed

Price Supply Contracts

$ 12–7.100 Scope of subpart.

This subpart sets forth uniform clauses for use in fixed price supply contracts. 8 12–7.101 Applicability.

The clauses set forth or cited in this subpart shall be used when required, or as applicable or additional clauses in all fixed-price supply contracts cited in FPR 1-7.101.

§ 12–7.102–6 Responsibility for supplies.

Insert the clause set forth in FPR 17.102-6. $ 12–7.102–7 Payments.

Insert the clause set forth in FPR 17.102-7.

§ 12–7.102 Required clauses. 8 12-7.102-1 Definitions.

Insert the clauses set forth in FPR 1-7.102-1.

812-7.102-8 Assignment of claims.

Insert the clause set forth in FPR 130.703 under the conditions contained therein. § 12–7.102-9 [Reserved] $ 12–7.102-10 Federal, State, and local

taxes. Insert the clauses cited in FPR 17.102-10 as prescribed therein.

8 12-7.102-2 Changes.

Insert the clause set forth in FPR 17.102-2. § 12–7.102–3 Extras.

Insert the clause set forth in FPR 17.102-3. 8 12-7.102-4. Variation in quantity.

Insert the clause set forth in FPR 17.102-4. 8 12-7.102-450 Extent of quantity vari.

ation. The following clause is prescribed for use in accordance with DOTPR 121.353.

812-7.102-11 Default.

Insert the clause set forth in FPR 18.707 as prescribed in FPR 8-700-2(b) (1). 8 12-7.102–12 Disputes.

Insert the clause set forth in FPR 17.102-12. 8 12-7.102-13 (Reserved) 812-7.102–14 Buy American Act.

Insert the clause set forth in FPR 16.104-5 as prescribed therein.

[blocks in formation]

$ 12–7.103-12 Minority business enter. 812-7.103-22 Workmen's compensation prises subcontracting program.

insurance (Defense Base Act). Insert the clause set forth in FPR 1- Insert the clause set forth in FPR 11.1310-2(b) under the conditions pre- 10.402 under the conditions prescribed scribed therein.

therein. $ 12-7.103-13 Humane slaughter of live. & 12-7.103–23 Late offers and modificastock.

tions or withdrawals. Insert the appropriate clause set

Insert the provisions cited in FPR 1

7.103-23 under the conditions preforth in FPR 1-4.605 or 1-4.606 under

scribed therein. the conditions prescribed in FPR 14.604.

& 12-7.103-24 Contracts with the Small

Business Administration. 8 12-7.103–14 Required source for jewel bearings.

Insert the clause(s) cited in FPR 1

7.103-24 under the conditions preInsert the clause set forth in FPR 1

scribed therein. 1.319 under the conditions prescribed therein.

8 12-7.103-25 Supplementary tax clauses. & 12-7.103-15 [Reserved)

Insert the clause(s) cited in FPR 1

7.103-25 under the conditions pre8 12–7.103-16 Disabled veterans and veter

scribed therein. ans of the Vietnam era.

8 12-7.103-26 Preference for U.S flag air Insert the clause set forth in FPR carriers. Temporary Regulations No. 39 in all

Insert the clause set forth in FPR 1contracts which exceed $10,000.

1.323-2 under the conditions pre

scribed therein. § 12-7.103-17 Price reduction for defective cost or pricing data.

8 12-7.103-27 Cost accounting standards. Insert the appropriate clause set Insert the notices and clauses cited forth in FPR 1-3.814-1 under the con- in FPR 1-7.103-27 under the condiditions prescribed therein.

tions prescribed therein. $ 12–7.103–18 Audit and records.

$ 12-7.103-28 Subcontracts. Insert the appropriate clause(s) set Insert the clause set forth in FPR 1forth in FPR 1-3.814-2 under the con- 7.103-28 under the conditions preditions prescribed therein.

scribed therein.

8 12-7.103-19 Subcontractor cost and pric.

ing data. Insert the clause set forth in FPR 13.814-3 under the conditions prescribed therein.

8 12–7.103-20 Advance payments.

Insert the provisions cited in FPR 17.103-20 under the conditions prescribed therein.

812-7.103-29 Privacy Act.

Insert the clause set forth in FPR 11.327-5 as amended below under the conditions prescribed therein. Substitute the following for FPR 1.327-5 (b):

(b) The following notification shall be included in every solicitation and in every contract when performance of work under the contract may involve the design, development, and/or operation of a system of records on individuals for an agency function.

PRIVACY Act NOTIFICATION Performance of work by the contractor under this procurement action may involve the design, development and/or operation of a system of records on individuals that is to be operated by the contractor to accom

8 12-7.103-21 Progress payments.

Insert the clause cited in FPR 17.103-21 under the conditions prescribed therein.

plish an agency function. When such work is to be performed, the contractor shall comply with the Privacy Act of 1974, Pub. L. 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violations of the Act may involve the imposition of criminal penalties. Substitute the following for FPR 1.327-5 (c):

(c) The following clause shall be included in every solicitation and in every contract when the performance of work thereunder may involve the design, development, or operation of a system of records on individuals that is to be operated by the contractor to accomplish an agency function, regardless of whether the system is the primary purpose of the contract.

ployee of the contractor is considered to be an employee of the agency, and the requirements of the Act, including the civil and criminal penalties for violation of the Act, are applicable except that the criminal penalties shall not apply with regard to contracts effective prior to September 27, 1975. In addition, failure to comply with the provisions of the Act or of this clause will make this contract subject to termination for default as provided for in the general provisions of this contract.

(c) The terms used in this clause have the following meanings: (1) "Operation of a system of records" means performance of any of the activities associated with maintaining the system of records including the taining the system of re collection, use, and dissemination of records.

(2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print, or a photograph.

(3) "System of records” on individuals means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

(End of clause)

PRIVACY ACT (a) The contractor agrees: (1) To comply with the Privacy Act of 1974 (the Act) and the rules and regulations issued pursuant to the Act when performance under the contract involves the design, development, or operation of any system of records on individuals to be operated by the contractor in order to accomplish an agency function;

(2) To notify the Government when he anticipates operating a system of records in order to accomplish the requirements of this contract, if such system contains information about individuals which will be retrieved by the individual's name or other identifier assigned to the individual. A system of records subject to the Act may not be employed in the performance of this contract until the necessary approval and publication requirements applicable to the system have been carried out. The contractor agrees to correct, maintain, disseminate, and use such records in accordance with the requirements of the Act, and to comply with all applicable requirements of the Act;

(3) To include the Privacy Act Notification contained in this contract in every subcontract solicitation and in every subcontract when the performance of work under the proposed subcontract may involve the design, development, or operation of a system of records on individuals that is to be operated under the contract to accomplish an agency function; and

(4) To include this clause, including this paragraph, in all subcontracts under which work for this contract is performed or which is awarded pursuant to this contract when the performance of work under the subcontract may involve the design, development or operation of such a system of records.

(b) For the purposes of the Act, when the contract involves the operation of a system of records on individuals to accomplish an agency function, the contractor and any em

8 12-7.103-30 Clauses for solicitations and

contracts for automatic data process. ing (ADP) equipment, software, main

tenance services, and supplies. Insert the clauses cited in FPR 17.103-30 as prescribed therein. $ 12-7.103-31 Use of U.S. flag commercial

vessels. Insert the clause prescribed by FPR 1-19.108-2 under the conditions set forth therein.

812-7.104 Additional clauses.

Insert the clause cited in FPR Subpart 1-7.104 if it is desired to cover the subject matter.

812-7.104-1 Liquidated damages provi

sions. Insert the provisions set forth in FPR 1-1.315-3 under the conditions prescribed in FPR 1-1.315.

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