exclusive of the construction contractor's fee, and to the extent available, identifying labor, material, and indirect costs, and any amount included for contingencies; estimated cost of architectengineer services; and the estimated time of completion of design or construction work with an explanation of the basis for establishing the completion schedules.

(b) Extent of services

to

(1) Architect-engineer contracts. A written statement should be prepared which gives the extent which the services of the architect-engineer include any of the services set forth below.

(i) Title I--Provide the necessary topographical and other field surveys, test borings, and other subsurface investigations; prepare preliminary studies, sketches, layout plans, and outline specifications; and prepare reports including estimates of cost of the proposed project and of all structures, utilities, and appurtenances thereto.

(ii) Title II--Provide complete design of the work including preparation of all required preliminary and final working drawings, specifications, estimates, and contract documents; and assist in securing, analyzing, and evaluating bids or proposals for construction; and consult with ERDA on all questions arising in connection with the services performed by the architect-engineer.

(iii) Title III--Provide complete architect-enginer supervision and inspection of construction under the direction of a responsible representative, check shop drawings, and furnish record drawings to show construction has actually been accomplished.

(iv) Process design. Process design normally requires the preparation of flow diagrams showing each operating step to perform the process; material and heat balances where required; determination of the nature, capacity and design characteristics of production equipment; the general design of connecting flow lines to handle the calculated rates of product and by-product flow; and schematic layouts.

fully.)

(v) Procurement of materials and equipment.

(vi) Other special services. (Describe fully.)

Cost-plus-a-fixed-fee

(2) also FPR 1-18.306-2.

A written

(Describe

construction contracts. See

(3) Cost-plus-a-fixed-fee engineer-constructor contracts. statement should be prepared which gives the extent to

which the services of the contractor cover the services set forth in subparagraphs (1) and (2) of this paragraph.

(4) Procurement of special equipment. Contracts for procurement services only are rarely used. Procurement of special equipment is generally contracted for in conjunction with CPFF contracts for construction, operating, or architect-engineer services. In special situations, procurement of other equipment and construction materials is also contracted for in conjunction with CPFF contracts for operating or architect-engineer services. The description of procurement services in subdivision (ii) of this subparagraph is applicable to all of these cases.

(i) Special equipment is equipment for which the purchase price is of such a magnitude compared to the cost of installation as to improperly reflect the amount of technical direction and management effort required of the contractor. The determination of specific items of equipment in this category requires application of judgment and careful study of the circumstances involved for each project. This category of equipment would generally include items such

as:

(a) Major items of prefabricated process or research equipment.

(b) Major items of preassembled equipment such as packaged boilers, generators, machine tools, and large electrical equipment. In some cases it would also include special apparatus or devices such as reactor vessels and reactor charging machines.

(ii) Description of procurement services: Procurement as herein considered is an activity involving judgment, knowledge, and experience relating to the manufacture, use or application of the article or process to be purchased. It may include the development or location of sources of supply, and generally includes preparation of bidding documents, solicitation of proposals, analysis of proposals received (including where necessary technical and sometimes complicated evaluation of performance characteristics of the equipment of different manufacturers), inspection at manufacturer's plant as distinguished from inspection supplied under title III services of an architectengineer contract, and evaluation of producing capacities to required delivery. Procurement includes necessary coordination with participating contractors and ERDA for especially designed equipment, general and specific expediting, and special assistance to the manufacturers in helping to locate scarce materials and machine tools and in supporting allocation for critical materials where this is a necessary function. Procurement normally includes inspection and receiving upon delivery at the site (this may be a joint activity where the procuring agent is not the constructor) and payment. All

meet

(iii) Selection of procuring agent: Coordination, timing, and technical know-how are important factors to be considered in the selection of a procuring agent. The advantages and disadvantages of placing full responsibility in one contracor for construction and procurement, or split responsibility where the procurement is placed under a contract with the architect-engineer or operating contractor, should be evaluated in the light of the above factors.

(a) The Administrator or his designee only may make the determination required by FPR 1-18.602-1(a) and may authorize deviations described in FPR 1-18.603-3.

(b) Contracting officers may make the determinations required by FPR 1-18.602-1(b) and (c).

§9-18.606 Violations of Buy American Act provisions

in construction contracts.

Contracting officers shall make a complete written report (in triplicate) to the head of the agency or designee, through the senior procurement official, Headquarters, of each violation of the Buy American Act provisions in contracts for construction.

1-18.606 and subpart 9-1.6.

$9-18.650 Excepted supplies to be used in the construction, alteration, or repair of any public work.

The following list shall be noted in the specifications:

Antimony.

Asbestos.

Bauxite.

Chrome ore or chromite.

Cobalt.

Cork.

See FPR

The requirements set forth in FPR 1-18.702 apply to construction contracts. Although the statutes therein referenced do not contain defintions, the Secretary of Labor's regulations in 29 CFR 5.2 include definitions, of "contract," "building," "work," "construction," "prosecution," "completion," "repair," "public building," and "public work." In general, contracts are classifiable as being covered by the statutes when performance by the contractor consists substantially of the erection or assembly of new plants (including laboratory or other buildings or works), or the alteration and/or repair including painting and decorating, of new or existing plants. The fact that certain contracts may be entered into without regard to general statutory requirements as to advertising for bids or proposals, or upon a cost-type basis or otherwise, is not determinative in the classification of such contracts, activities, construction projects, or other work or services performed thereunder.

$9-18.701-51

Noncoverage (Davis-Bacon and Copeland Acts.)

(a) The requirements set forth in FPR subpart 1-18.7 in respect to the Davis-Bacon and Copeland Acts do not apply to the following:

(1) Contracts, regardless of their nature, not in excess of $2,000 (Does not apply to the Copeland Act.) However, no item of work the cost of which is estimated to be in excess of $2,000 shall be artificially divided into portions less than $2,000 for the purpose of avoiding the applicability of the Davis-Bacon Act.

(2) Contracts for furnishing supplies and equipment, including installation, where the installation requires only an incidental