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(b) Page 2 of Standard Form 147.

TERMS AND CONDITIONS OF PURCHASE ORDER

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 corhigction 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

5. 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 Con actor, the Government shall furnish a tax exemption certificate or WP 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.

SPECIM

PAYMENTS AND BILLING INSTRUCTIONS

Invoices shall be submitted in the ORIGINAL only, unless otherwise specified, and shall contain the following information: contract number (if any), order number, item number(s), description of supplies or services, sizes, quantities, unit prices, and extended totals. Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. if prepaid parcel post charges are billed, the gross weight and shipping point must be shown.

NOTE..-If desired, this order (or a copy thereof) may be used by the Contractor as his invoice, in lieu of a separate invoice, provided the following statement, (signed and dated) is entered on (or attached to) the order: "Payment is requested in the amount of §. No other invoice will be submitted." When several orders are to be invoiced to an ordering activity during the same billing period, consolidated periodie billings are encouraged.

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§ 1-16.901-148 Standard Form 148: Continuation Sheet for Standard Form 147.

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§ 1-16.901-252 Standard Form 252: Architect-Engineer Fixed-Price Contract. (a) Page 1 of Standard Form 252.

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(b) Page 2 of Standard Form 252.

10. The United States of America (hereinafter called the Government) represented by the Contracting Officer executing this contract and the Architect-Engineer agree to perform this contract in strict accordance with the General Provisions (Standard Form 253) and the documents identified as follows, all of which are made a part of this contract:

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