(a) Unless otherwise provided in the contract, the Contractor guarantees all work performed and materials and equipment delivered to be in accordance with contract requirements and free from defective or inferior materials, equipment and workmanship for one year from the date of final acceptance of the contract work by the Government. The guarantee provided for in this clause shall not extend to or apply to Government-furnished material or equipment except as to such work as may be performed thereon by the Contractor.

(b) Upon receipt of notice from the Contracting Officer that work, material or equipment furnished under this contract has failed to meet the contract guarantee, the Contractor shall promptly return to the site of the work and (1) place in satisfactory condition in every particular all of such guaranteed work, correcting all defects therein, (2) restore to a satisfactory condition the building or site or any equipment or contents thereof which, in the opinion of the Contracting Officer, are affected or damaged as a result of the use of material, equipment or workmanship which are inferior, defective or not in accordance with the terms of the contract and (3) restore to a satisfactory condition any work, materials and equipment disturbed in fulfilling the guarantee.

(c) In any case where in fulfilling the requirements of the contract or of any guarantee, embraced in or required thereby, the Contractor disturbs any work guaranteed under another contract, he shall restore such disturbed work to a condition satisfactory to the Contracting Officer and guarantee such restored work to the same extent as it was guaranteed under such other contract.

(d) Should the Contractor fail to proceed promptly to comply with the terms of a guarantee under this contract, the Contracting Officer may cause corrective action to be taken by others and the Contractor shall promptly reimburse the Government its cost incurred thereby, or in lieu of taking corrective action, the Contracting Officer may cause the Contractor to pay to the Government an amount of money commensurate with what the corrective action would cost. § 2-7.601-11 Contract time-notice to proceed. (Use with SF-23.) CONTRACT TIME-NOTICE TO PROCEED (a) If, in the opinion of the Contracting Officer, the Contractor's delay in executing formal contract documents or furnishing performance or payment bonds causes a delay in the issuance of the notice to proceed, the time to complete the work as specified in the bid shall be reduced by an amount of time no greater than the Contractor's delay.

(b) The Contractor shall perform no work under this contract until the required contract documents and bonds have been furnished. Thereafter, work at other than the contract site may be undertaken. The Contractor shall perform no work at the contract site except pursuant to a notice to proceed given by the Contracting Officer.

(c) Notice to proceed may be issued by the Government at its convenience. Any right of the Contractor to a price adjustment because of unreasonable delay on the part of the Government in issuing notice to proceed shall be determined in accordance with the clause entitled "Price Adjustment for Suspension, Delay, or Interruption of the Work." § 2-7.601-12 Work schedule. (Use with SF-23.)

WORK SCHEDULE

Within 7 days after receipt of notice to proceed, but before any work is performed, the Contractor shall furnish to the Contracting Officer, in triplicate a schedule, acceptable to the Contracting Officer, showing the proposed dates on which work will be started and completed on the major phases of the project. Acceptance of the schedule by the Contracting Officer shall in no way excuse the Contractor for any delay in completing the work.

§ 2-7.601-13 Special

precautions for work at operating airports. (Use with SF-23 when any work is to be performed at operating airports.)

SPECIAL PRECAUTIONS FOR WORK AT OPERATING AIRPORTS

(a) When work is to be performed at an operating airport the Contractor must arran range his work schedule so as to constitute the least possible interference with flight operations. Such operations will take precedence over construction convenience. Any operations of the Contractor which would otherwise interfere with or endanger the operations of aircraft shall be performed only at times and in the manner directed by the Resident Engineer. The Government will make every effort to reduce the disruption of the Contractor's operation.

(b) Unless otherwise specified by local regulations, all areas in which construction operations are underway shall be marked by yellow flags during daylight hours and by red lights at other times. The red lights along the edge of the construction areas within the existing aprons shall be the electric type of not less than 100 watts intensity placed and supported as required. All other construction markings on roads and adjacent parking lots may be either electric or battery type lights. These lights and flags shall be placed so as to outline the construction areas and the distance between any two flags or lights shall not be greater than 25 feet. The Contractor shall provide adequate

watch to maintain the lights in working conditions at all times other than daylight hours. The hour of beginning and the hour of ending of daylight will be determined by the Resident Engineer.

(c) All equipment and materials in the construction areas or when moved outside of the construction area shall be marked with airport safety flags during the day, and when directed by the Resident Engineer, with red obstruction lights at night. All equipment operating on the apron, taxiway, runway and intermediate areas after darkness hours shall have clearance lights in conformance with instructions from the Resident Engineer. No construction equipment shall operate within 50 feet of aircraft undergoing fuel operations. Open flames are not allowed on the ramp except at times authorized by the Resident Engineer.

(d) Trucks and other motorized equipment entering the airport or construction area shall do so only over routes determined by the Resident Engineer. Use of runways, aprons, taxiways or parking areas as truck or equipment routes will not be permitted unless specifically authorized for such use. Flagmen shall be furnished by the Contractor at points on apron and taxiways for safe guidance of his equipment over these areas to assure right of way to aircraft. Areas and routes used during the period of the contract must be returned to their original condition by the Contractor. The maximum speed allowed on the Airport shall be as established by the airport management. Vehicles shall be operated so as to be under safe control at all times, weather and traffic conditions considered. Vehicles must be equipped with head and tail lights during the hours of darkness.

§ 2-7.601-14 Standard references. (Use with SF-23.)

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 the specifications.

(b) "Federal Standards," "Commercial Standards," and "Simplified Practice Recommendations" can be purchased from the Superintendent of Documents, United States Government Printing Office, Washington 25, D.C., or may be obtained from any Field Office of the U.S. Department of Commerce. Federal Specifications may be obtained from any Regional Office of the General Services Administration or the Superintendent of Documents.

(c) Standards of Associations referred to in the specifications may be obtained from the Associations.

(a) The general character and scope of the work are shown by the drawings listed in the contract.

(b) In case of differences between small and large scale drawings, the large scale drawings shall govern. Schedules on drawings shall take precedence over any conflicting notations on the drawings. On any of the drawings where a portion of the work is drawn out and the remainder is shown in outline, the parts drawn shall apply also to all other like portions of the work.

(c) Where the word "similar" occurs on the drawings, it shall have a general meaning and not be interpreted as being identical, and all details shall be worked out in relation to their location and their connection with other parts of the work.

§ 2-7.601-16 Shop drawings and illus trative literature. (Use with SF-23.) SHOP DRAWINGS AND ILLUSTRATIVE LITERATURE

The Contractor shall submit shop and setting drawings, illustrative literature and schedules, as required by the specifications, to the Contracting Officer for approval sufficiently in advance of construction requirements to allow ample time for checking, resubmitting and rechecking. The approval of these shall be general and shall not be construed as permitting any departure from specifications or as relieving the Contractor of the responsibility for any errors or details. If such drawings, literature and schedules deviate from the contract requirements, such deviations shall be described by the Contractor in his letter of transmittal.

§ 2-7.601-17 Electrical codes. (Use with SF-19 and SF-23.)

ELECTRICAL CODES

Requirements of the specifications and drawings applicable to this contract are intended to be in conformity with the National Electrical Code, National Safety Code, and state and local electrical codes. When they are found to be in conflict the Contractor shall promptly notify the Contracting Officer and obtain his determination as to the course of action to be followed. In determining whether an adjustment in contract price or time may be involved, it shall be understood that the Contractor's bid has been based upon performing the work in conformity with the specifications and drawings.

§ 2-7.601-18 Nondomestic construction materials. (Use with SF-23.)

NONDOMESTIC CONSTRUCTION MATERIALS The requirements of the "Buy American Act" clause do not apply to the following construction material or components:

In negotiating contracts under which the Government pays a part of all of the costs of research or development, it is the policy of the Federal Aviation Agency to retain, for the benefit of the United States, rights to data and patent rights, in reasonable proportion to the contributions of the Agency and the contractor; and to recover the Federal Aviation Agency's contribution toward such research and development through royalties to the Government upon commercial exploitation of the products developed thereby.

[25 F.R. 14031, Dec. 31, 1960]

PART 2-12-LABOR

§ 2-12.451-1

Davis-Bacon Act (Act of March 3, 1931, as amended, 40 U.S.C. 276a).

All construction contracts in excess of $2,000, executed by FAA, under which laborers or mechanics are employed directly upon the site of the work, are subject to the Davis-Bacon Act which provides for:

(a) Payment of laborers or mechanics not less often than once a week;

(b) Payment of wages in accordance with the prevailing minimum wage rates prescribed by the Secretary of Labor;

(c) Payment of wages without deductions except as authorized by law;

(d) Posting of wage rates and Form SOL-155 at the job site in a prominent place during construction;

(e) Withholding from contractors of amounts considered necessary to pay laborers or mechanics any discrepancies between the amounts received and the amounts due (SF-1093); and

(f) Termination of work for failure to pay required minimum wages. § 2-12.451-2 Copeland Act (Act of June 13, 1934, as amended, 18 U.S.C. 874; 40 U.S.C. 276c).

The Copeland (Anti-Kickback) Act makes it illegal for anyone to make unauthorized deductions, or to exact rebates from, the wages of any person employed in a construction project that is financed in whole or in part by loans or grants from the United States. Further, it requires the Secretary of Labor to make reasonable regulations for contractors and subcontractors engaged in such work, including provisions that each such contractor shall furnish a weekly statement with respect to the wages paid each employee during the preceding week.

§ 2-12.451-3 Eight-hour law (Act of June 19, 1912, as amended, 40 U.S.C. 321-326).

The Eight-hour law provides that all contracts to which the United States is a party, except supply contracts covered by the Walsh-Healey Public Contracts Act and other exclusions set forth in § 2-12.452-2, shall contain a provision making it illegal for the contractor or subcontractor to employ laborers or mechanics, on the work contemplated by the contract, more than 8 hours in one day unless all hours in excess of this limit be compensated at least one and one-half times the basic rate of pay.