been effected for the convenience of the Government. In such event, adjustment in the contract prices shall be made as provided in paragraph (b) of this clause.

(e) The rights and remedies of the Government provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

$9-7.802-5 Disputes.

DISPUTES

(a) Except as

otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the contracting officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof

to the architect-engineer. The decision of the contracting officer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the architect-engineer mails or otherwise furnishes to the contracting officer a written appeal addressed to the head of the agency. The decision of the head of the agency or designee for the determination of such appeals shall be final and conclusive. This provision shall not be pleaded in any suit involving a question of fact arising under this contract as limiting judicial review of any such decision to cases where fraud by such official or his representative or board is alleged; Provided, however, that any such decision shall be final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence. In connection with any appeal proceeding under this clause, the architect-engineer shall be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the architect-engineer shall be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the architect-engineer shall proceed diligently with the performance of the contract and in accordance with the contracting officer's decision.

(b) This Disputes clause does not preclude consideration of questions of law in connection with decisions provided for in paragraph (a) above. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law.

$9-7.802-6 Assignment of claims.

Insert the clause set forth in FPR 1-30.703 under the conditions prescribed therein.

$9-7.802-7 Examination of records by Comptroller General.

Insert the clause prescribed by FPR 1-7.103-3, modified as set forth in §9-7.103-3.

$9-7.802-8 Covenant against contingent fees.

Insert the clause set forth in FPR 1-1.503 under the conditions contained in FPR 1-1.501.

This contract, to the extent that it is of a character specified in the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), is subject to the following provisions and to all other applicable provisions and exceptions of such Act and the regulations of the Secretary of Labor thereunder.

(a) Overtime requirements. No architect-engineer or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, apprentices, trainees, watchmen, and guards shall require or permit any laborer, mechanic, apprentice, trainee, watchman, or guard in any workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek on work subject to the provisions of the Contract Work Hours and Safety Standards Act unless such laborer, mechanic, apprentice, trainee, watchman or guard receives compensation at a rate not less than one and one-half times his basic rate of pay for all such hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek, whichever is the greater number of overtime hours.

(b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions of

paragraph (a), the architect-engineer and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such architect-engineer and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, apprentice, trainee, watchman, or guard employed in violation of the provisions of paragraph (a) in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages required by paragraph (a).

(c) Withholding for unpaid wages and liquidated damages. The contracting officer may withhold from the architect-engineer, from any moneys payable on account of work performed by the architect-engineer or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such architect-engineer or subcontractor for unpaid wages and liquidated damages as provided in the provisions of paragraph (b).

(d) Subcontracts. The architect-engineer shall insert paragraphs (a) through (d) of this clause and the preamble in all subcontracts, and shall require their inclusion in all subcontracts of any tier.

(e) Records. The architect-engineer shall maintain payroll records containing the information specified in 29 CFR 516.2(a). Such records shall be preserved for 3 years from the completion of the contract.

$9-7.802-11 Convict labor.

Insert the clause set forth in FPR 1-12.204 under the conditions prescribed in FPR 1-12.203.

$9-7.802-12 Equal opportunity.

Insert the clause set forth in FPR 1-16.901-23-A(25) under the conditions contained in FPR 1-12.803.1.

Insert the clause set forth in FPR 1-7.203-15 under the conditions prescribed therein.

$9-7.802-14 Pricing of adjustments.

Insert the clause prescribed by FPR 1-7.102-20, modified as set forth in $9-7.102-20.

$9-7.802-15 Listing of employment openings.

Insert the clause entitled "Disabled Veterans and Veterans of The Vietnam Era" as set forth in FPR Temporary Regulation 39 under the conditions described therein.

$9-7.802-16 Employment of the handicapped.

Insert the clause set forth in FPR Temporary Regulation 38 under the conditions contained therein.

$9-7.802-17 Clean air and water.

Insert the clause prescribed by FPR 1-1.2302-2 under the conditions set forth therein.

$9-7.802-18 Payment of interest on architect-engineer claims.

Insert the clause set forth in FPR 1-1.322 under the conditions prescribed therein.

$9-7.802-19 Utilization of small business concerns.

Insert the clause set forth in FPR 1-1.710-3(a) under the conditions and in the manner prescribed therein.

$9-7.802-20 Utilization of minority business enterprises.

Insert the clause set forth in FPR 1-1.1310-2(a) under the conditions set in the manner prescribed therein.

(a) The contracting officer may order the architectengineer in writing to suspend all or any part of the work for such period of time as he may determine to be appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended or delayed by an of the contracting officer in the administration of this

act

contract, or by his failure to act within the time specified in this contract (or if no time is specified, within a reasonable time), an adjustment shall be made for any increase in cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension or delay, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension or delay to the extent (1) that performance would have been suspended or delayed by any other cause, including fault or negligence of the architectengineer or (2) for which an equitable adjustment is provided for or excluded under any other provision of this contract.

(c) No claim under this clause shall be allowed (1) for any costs incurred more than 20 days before the architect-engineer shall have notified the contracting officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension or delay, but not later than the date of final payment. No part of any claim based on the provisions of this clause shall be allowed if not supported by adequate evidence showing that the cost would not have been incurred but for a delay within the provisions of this clause.

Insert the clause set forth in $9-7.102-51 under the conditions prescribed therein.

$9-7.802-24 Notice and assistance regarding

patent and copyright infringement.

Insert the clause prescribed by $9-9.104 under the conditions set forth therein.

$9-7.802-25 Patent indemnity.

Insert the clause set forth in §9-9.103-3(b) under the conditions contained in $9-9.103.

$9-7.802-26 Reporting of royalties.

Insert the clause set forth in $9-9.110 under the conditions set forth therein.