CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS to be conventional or standard and where the design may be used in subsequent procurements. For this purpose, the clause in 7-608.13 may be inserted in architect-engineer contracts. 18-906 Processing of Infringement Claims. See Section IX, Part 4. 18-907 Classified Contracts. See 9-106. 18-908 Patent Rights. (a) Any construction or architect-engineer contract which calls for or can be expected to involve the design, for use in the construction or operation of a Government facility, of novel structures, machines, products, materials, processes, or equipment (including construction equipment), and any contract having as one of its purposes the performance of experimental, developmental, or research work or test and evaluation studies involving such work, should include a patent rights clause in accordance with the policy and guidance of 9–107. (b) Any construction or architect-engineer contract which calls for or can be expected to involve only standard types of construction to be built by previously developed equipment, methods, and processes shall not include a patent rights clause. The term "standard types of construction" as used herein means construction in which the distinctive features, if any, in all likelihood will amount to no more than: (i) variations in size, shape or capacity of otherwise structurally orthodox and conventionally acting single structural members or multi-member structural groupings; or (ii) purely artistic or esthetic (as distinguished from functionally significant) architectural configurations and designs of both structural and nonstructural members or groupings, which may or may not be sufficiently novel or meritorious to qualify for protection under the design patent or copyright laws. Rights of the Government in and to any such distinctive design or copyright features, as distinguished from inventions of a mechanical or functional nature resulting from an architect-engineer contract or from a contract for construction involving architect-engineer services are provided for in the clause in 7-607.7(b) or in 7-603.42(a)(2) entitled “Drawings and Other Data to Become Property of Government." (c) Construction and architect-engineer contracts which require the development of novel structures, machines, products, equipment (including construction equipment), materials or processes shall include the clause in 7-603.42(a)(2) or 7-607.7(b) in addition to the appropriate “Patent Rights” clause prescribed by Section IX. 18-909 Patent Royalties. The provisions of 9–110, 9–111, and 9-112 are applicable to contracts for construction or construction supplies. 18–910 Acquisition and Use of Plans, Specifications and Drawings. 18-910.1 Architectural Designs and Data Clauses for Architect-Engineer or Construction Contracts. (a) Plans and Specifications and As-Built Drawings. (1) Except as provided in (2) below, insert the "Government Rights (Unlimited)" clause in 7-607.7(a) in contracts calling for architect-engineer services or in 7-603.42(a)(1) in contracts for construction involving architect-engineer services. 18-910.1 ARMED SERVICES PROCUREMENT REGULATION CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS (2) When the purpose of a contract for architect-engineer services or for construction involving architect-engineer services is to obtain a unique architectural design of a building, a monument, or construction of similar nature, which for artistic, esthetic or other special reasons the Government does not want duplicated by anyone else, the Government may desire to acquire exclusive control of the data pertaining to such design. In those cases only where the contracting officer determines for the foregoing reasons that it is desirable to maintain exclusive control over the design and data, the "Drawings and Other Data to Become Property of Government" clause shall be used. If the contract is for architect-engineer services, the “Government Rights (Unlimited)” clause on Standard Form 253 (7–607.7(a)) shall be deleted and the clause in 7-607.7(b) substituted therefor. If the contract is for construction involving architect-engineer services, the clause in 7-603.42(a)(2) shall be included. (b) Shop Drawings for Construction. In procuring shop drawings for construction, the Government shall obtain the unlimited right to use and reproduce such drawings, but shall not exclude a similar right in the designer or others. Accordingly, in contracts calling for delivery of such drawings, insert the clause in 7-602.47. 18-910.2 Data Clauses for Construction Supplies and Research and Development. The provisions of Section IX, Part 2, relating to the acquisition of data and rights therein in connection with the procurement of supplies and materials and research and development are applicable where the procurement is confined to either construction supplies and materials (as distinguished from “construction" as defined in 18-101.1) or experimental, developmental, or research work, or both. In some circumstances the right to use such data, including drawings, may be limited in accordance with appropriate paragraphs of Section IX, Part 2. 18-910.3 Mixed Contracts. Where the proposed contract calls for either (i) experimental, developmental, or research work, (ii) supplies and materials, or (iii) both, in addition to either construction or architect-engineer work, the pertinent clauses prescribed by Section IX, Part 2, shall be included in the contract, in addition to the appropriate clause or clauses prescribed by 18–910.1. In such cases, the contract shall indicate clearly that the clauses prescribed by Section IX, Part 2, apply only to the experimental, developmental, or research work, or only to the supplies and materials being procured, or to both, and that the appropriate clause or clauses prescribed by 18-910.1 apply only to the construction or architect-engineer work. 18-910.3 ARMED SERVICES PROCUREMENT REGULATION CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS Part 10-Taxes 18-1001 Federal Excise Taxes. Various provisions of the Internal Revenue Code of 1954 (26 U.S.C.) either provide for refunds or credits for taxes paid or specifically exclude construction equipment from the application of taxes levied, where the item is neither registered for nor employed or used on highways. 18-1001.1 Special Fuels. See 11-101. 18-1001.2 Motor Vehicles. See 11-102.1. 18-1001.3 Tires and Tubes. See 11-102.2. 18-1001.4 Gasoline. See 11-102.3. 18-1001.4 ARMED SERVICES PROCUREMENT REGULATION 19-203 19-204 Packaging, Packing, Preservation and Marking Requirements.... 19:6 19:7 19-212 Shipping Point(s) Used in Evaluation of FOB Origin Bids. 19:12 19-214 Place of Delivery for Shipments Originating Outside the United 19:13 19-215 Diversions Affecting FOB Destination Transportation Costs ...... 19:13 ARMED SERVICES PROCUREMENT REGULATION Paragraph Page 19:13 19:13 19:14 19-216 Scheduling of Deliveries To Permit Consolidation of Shipments 19-217 Special Freight Rates for Transportation of Supplies ...... 19-217.1 Applicability of Section 22 Rates. Part 3-Evaluation of Bids and Proposals 19-301 Transportation Rates and Related Costs To Be Used.. 19:15 19-401 19-402 19-403 19-403.1 Traffic Management for Contract Administration...... 19:17 19:17 19:18 19:18 Use of Prepaid Commercial Bills of Lading 19:18 19:19 |