e. Construction concern--means a concern (or person) engaged in construction, alteration or repair (including dredging, exca vating, and painting) of buildings, structures, and other real property.

DEFINITIONS RELATING TO SIZE OF BUSINESS (See item 11)

a. Small business concern-A small business concern for the purpose of Government procurement is a concern, including its affiliates, which is independently owned and operated, is not dominant in the field of operation in which it is bidding on Gov. ernment contracts and can further qualify under the criteria concerning number of employees, average annual receipts, or other criteria, as prescribed hy the Small Business Administration. (See Code of Federal Regulations. Title 13. Part 121, as amended, which contains detailed industry definitions and related procedures.)

has

b. Affiliates-Business concerns are affiliates of each other hen either directly or indirectly (1) one concern controls or has wer to control the other, or (ii) a third party controls or Over to control both. In determining whether concerns are independently owned and operated and whether or not affiliation exists, consideration is given to all appropriate factors in cluding common ownership. common management, and con tractural relationship. (See items 6 and 11.)

(b) Page 2 of Standard Form 147.

1. INSPECTION AND ACCEPTANCE.-Inspection and acceptance will be at destination, unless otherwise provided. Until delivery and acceptance. and after any rejections, risk of loss will be on the Contractor unless loss results from negligence of the Government.

2. VARIATION IN QUANTITY.-No variation in the quantity of any item called for by this contract will be accepted unless such variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified elsewhere in this contract.

3. DISCOUNTS.-Discount time will be computed from date of delivery at place of acceptance or from receipt of correct invoice at the office specified by the Government, whichever is later. Payment is made, for discount purposes, when check is mailed.

4. 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 mail or otherwise furnish a copy thereof to the Contractor. This decision shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor 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 his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceedings under this clause, the Contractor 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 Contractor 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 law questions in corbiection with decisions provided for in (a) above; Provided, That nothing in this contract shall be construed as making final the decision of any Administrative Official, Representative, or board on a question of Ja

S. FOREIGN SUPPLIES.-This contract is subject to the Buy American Act (41 U.S.C. 10 ad) as implemented by Executive Order 10582 of December 17, 1954, and any restrictions in appropriation acts on the procurement of foreign supplies.

6. CONVICT LABOR.-In connection with the performance of work under this contract, the Contractor agrees not to employ any person. undergoing sentence of imprisonment except as provided by Public Law 89-176, September 10, 1965 (18 U.S.C. 4082(c)(2)) and Executive Order 11755, December 29, 1973.

7. OFFICIALS NOT TO BENEFIT.--No Member of or Delegate to Congress or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom: but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit.

8. COVENANT AGAINST CONTINGENT FEFS.-The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon any agreement or understanding for a commission, percentage, brokerage, or contingent fees, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

9. FEDERAL, STATE, AND LOCAL TAXES. Except as may be otherwise provided in this contract, the contract price includes all applicable Federal, State, and local taxes and duties in effect on the date of ⚫ this contract but does not include any taxes from which the Government. the Contractor or this transaction is exempt. Upon request of the Contactor, the Government shall furnish a tax exemption certificate or i evidence of exemption with respect to any such tax not included in contract price pursuant to this clause. For the purpose of this clause, the term "date of this contract" means the date of the contractor's quotation or, if no quotation, the date of this purchase order.