$9-7.802-27 Buy American Act. Insert the clause set forth in FPR 1-6.104-5, under the conditions contained therein. $9-7.802-28 Payment. PAYMENT (a) In consideration of the performance of his undertakings under this contract, pursuant to work orders duly issued by the contracting officer, the architect-engineer shall be paid the consideration determined in each work order; which consideration shall constitute complete payment for all services furnished in connection with the work required to be performed under this contract and all expenditures which may be made and expenses incurred except as are otherwise expressly provided herein. (b) Estimates shall be made monthly of the amount and value of the work and services performed by the architect-engineer under this contract, as determined by the contracting officer. (c) Upon approval of such estimate by the contracting officer, payment shall be made to the architect-engineer as soon as practicable of 90% of the amount as determined above, less all previous payments. (d) Upon satisfactory completion by the architect-engineer and acceptance by the contracting officer of the work done by the architect-engineer under individual work orders and in accordance with the "Statement of Architect-Engineer Services" of the contract, the architect-engineer will be paid the balance of any money due for the work under said statement and including retained percentages relating to this portion of the work. (e) Prior to final payment under each work order issued under the contract, or prior to settlement upon termination of the contract, and as a condition precedent thereto, the architectengineer shall execute and deliver to the contracting officer a release of all claims against the Government arising under or by virtue of work orders under this contract, other than such claims, if any, as may be specifically expected by the architectengineer from the operations of the release in stated amounts to be set forth therein. $9-7.802-29 Subcontractors and outside associates and consultants. SUBCONTRACTORS AND OUTSIDE ASSOCIATES AND CONSULTANTS Any subcontractors and outside associates or consultants required by the architect-engineer in connection with the services covered by the contract will be limited to such individuals or firms as were specifically identified and agreed to during negotiations. Any substitution in such subcontractors, associates, or consultants will be subject to the prior approval of the contracting officer. $9-7.802-30 Contracting officer's decisions. CONTRACTING OFFICER'S DECISIONS The extent and character of the work to be done by the architect-engineer shall be subject to the general supervision, direction, control and approval of the contracting officer. $9-7.802-31 Gratuities. GRATUITIES (a) The Government may, by written notice to the architectengineer, terminate the right of the architect-engineer to proceed under this contract if it is found, after notice and hearing by the head of the agency or designee, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the architect-engineer, or any agent or representative of the architect-engineer, to any officer or employee of the government with a view toward securing a contract or securing favorable treatment with respect to the performing of such contract; provided, that the existence of the facts upon which the head of the agency or designee makes such findings shall be in issue and may be reviewed in any competent court. (b) In the event this contract is terminated as provided in paragraph (a) hereof, the Government shall be entitled (i) to pursue the same remedies against the architect-engineer as it could pursue in the event of a breach of the contract by the architect-engineer, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the head of the agency or designee) which shall be not less than three nor more than ten times the costs incurred by the architect-engineer in providing any such gratuities to any such officer or employee. (c) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. $9-7.802-32 Composition of architect-engineer. COMPOSITION OF ARCHITECT-ENGINEER If the architect-engineer hereunder is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. Insert the clause set forth in $9-9.107-5(a) under the conditions contained in §9-9.107-4(a). $9-7.803-2 Authorization and consent. Insert the clause prescribed by §9-9.102-2 under the conditions set forth therein. $9-7.803-3 Rights in technical data long form. Insert the clause set forth in §9-9.202-2(e)(2) under the conditions contained in §9-9.202-3(e)(1). $9-7.803-4 Additional technical data requirements. Insert the clause set forth in §9-9.202-3(c) under the conditions $9-9.202-3(b). $9-7.803-5 Small business subcontracting program. Insert the clause set forth in FPR 1-1.710-3(b) under the conditions and in the manner prescribed therein. $9-7.803-6 Minority business enterprises subcontracting program. Insert the clause set forth in FPR 1-1.1310-2(b) under the conditions and in the manner prescribed therein. $9-7.803-7 Price reduction for defective cost or pricing data. Insert the appropriate clause set forth in FPR 1-3.814-1 under the conditions described therein. $9-7.803-8 Audit and records. Insert the appropriate clause or clauses set forth in FPR 1-3.814-2 under the conditions described therein. $9-7.803-9 Subcontractor cost and pricing data. Insert the clause set forth in ERDA-PR 9-3.850. $9-7.803-10 Cost accounting standards. (a) Insert the three notices for solicitations set forth in FPR 1-3.1203 (a)(3), (h)(2), and (i)(2) in negotiated solicitations under the conditions contained in FPR Subpart 1-3.12. (b) Insert the two clauses set forth in FPR 1-3.1204-1 and 1-3.1204-2 in negotitated contracts under the conditions contained in FPR Subpart 1-3.12. $9-7.803-11 Privacy Act. Insert the clause prescribed by FPR 1-1.327-5 under the conditions set forth therein. $9-7.803-12 Insurance. Insert the clause set forth in FPR 1-7.303-46 under the conditions described therein. $9-7.803-13 Alterations in contract. Insert the clause set forth in FPR 1-7.204-1. $9-7.803-14 Classification. Insert the clause in $9-7.103-50 under the conditions contained therein. $9-7.803-15 Security. Insert the clause in §9-7.103-53 under the conditions contained therein. $9-7.804 ERDA additional clauses. $9-7.804-1 Priorities, allocations, and allotments. Insert the clause in $9-7.104-50 under the conditions provided therein. |