CONTRACT CLAUSES AND SOLICITATION PROVISIONS to the Government upon demand, together with interest computed at the rate established by the Secretary of the Treasury pursuant to Public Law 92-41, 85 STAT 97 for the Renegotiation Board, for the period from the date such excess payment is received by the Contractor to the date on which such excess is repaid to the Government; provided, however, that no interest shall be charged with respect to any such excess payment attributable to a reduction in the Contractor's claim by reason of retention or other disposition of termination inventory until ten days after the date of such retention or disposition, or such later date as determined by the Contracting Officer by reason of the circumstances. (k) Unless otherwise provided for in this contract, or by applicable statute, the Contractor shall-from the effective date of termination until the expiration of three years after final settlement under this contract-preserve and make available to the Government at all reasonable times at the office of the Contractor but without direct charge to the Government, all his books, records, documents and other evidence bearing on the costs and expenses of the Contractor under this contract and relating to the work terminated hereunder, or, to the extent approved by the Contracting Officer, photographs, microphotographs, or other authentic reproductions thereof. (End of clause) (b) Contracts for Less Than $10,000. In accordance with 8-705.2, insert the following clause. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (1965 JAN) The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the interest of the Government. If this contract is so terminated, the rights, duties and obligations of the parties hereto shall be in accordance with the applicable Sections of the Armed Services Procurement Regulation in effect on the date of this contract. (End of clause) 7-602.30 Notice and Assistance Regarding Patent and Copyright Infringement. In accordance with 9-104, insert the clause in 7-103.23. 7-602.31 Authorization and Consent. In accordance with 9-102.1 and 18-902, insert the appropriate clause in 7-103.22 or 7–302.21. 7-602.32 Composition of Contractor. COMPOSITION OF CONTRACTOR (1965 JAN) If the Contractor hereunder is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. 7-602.33 Site Investigation. SITE INVESTIGATION (1965 JAN) (End of clause) The Contractor acknowledges that he has investigated and satisfied himself as to the conditions affecting the work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the work. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from information presented by the drawings and specifications made a part of this contract. Any failure by the Contractor to 7-602.33 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS acquaint himself with the available information will not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the Government. (End of clause) 7-602.34 Protection of Existing Vegetation, Structures, Utilities, and Improve ments. PROTECTION OF EXISTING VEGETATION, STRUCTURES, UTILITIES, AND IMPROVEMENTS (1965 JAN) (a) The Contractor will preserve and protect all existing vegetation such as trees, shrubs, and grass on or adjacent to the site of work which is not to be removed and which does not unreasonably interfere with the construction work. Care will be taken in removing trees authorized for removal to avoid damage to vegetation to remain in place. Any limbs or branches of trees broken during such operations or by the careless operation of equipment, or by workmen, shall be trimmed with a clean cut and painted with an approved tree pruning compound as directed by the Contracting Officer. (b) The Contractor will protect from damage all existing improvements or utilities at or near the site of the work, the location of which is made known to him, and will repair or restore any damage to such facilities resulting from failure to comply with the requirements of this contract or the failure to exercise reasonable care in the performance of the work. If the Contractor fails or refuses to repair any such damage promptly, the Contracting Officer may have the necessary work performed and charge the cost thereof to the Contractor. (End of clause) 7-602.35 Operations and Storage Areas. OPERATIONS AND STORAGE AREAS (1965 JAN) (a) All operations of the Contractor (including storage of materials) upon Government premises shall be confined to areas authorized or approved by the Contracting Officer. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by his operations. (b) Temporary buildings (storage sheds, shops, offices, etc.) may be erected by the Contractor only with the approval of the Contracting Officer, and shall be built with labor and materials furnished by the Contractor without expense to the Government. Such temporary buildings and utilities shall remain the property of the Contractor and shall be removed by him at his expense upon the completion of the work. With the written consent of the Contracting Officer, such buildings and utilities may be abandoned and need not be removed. (c) The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways or construct and use such temporary roadways as may be authorized by the Contracting Officer. Where materials are transported in the prosecution of the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State or local law or regulation. When it is necessary to cross curbings or sidewalks, protection against damage shall be provided by the Contractor and any damaged roads, curbings, or sidewalks shall be repaired by, or at the expense of the Contractor. (End of clause) 7-602.36 Modification Proposals-Price Breakdown. The requirements of this clause are in addition to and do not limit the requirements of 3-807.3 and 16-206 for the submission of cost or pricing data on DD Form 633. 7-602.36 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS MODIFICATION PROPOSALS-PRICE BREAKDOWN (1968 APR) The Contractor, in connection with any proposal he makes for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work involved in the modification, whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification therefor shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer. 7-602.37 Subcontractors. (End of clause) (a) In construction contracts for work within the United States, insert the following clause: SUBCONTRACTORS (1972 FEB) Within seven days after the award of any subcontract either by himself or a subcontractor, the Contractor shall deliver to the Contracting Officer a statement setting forth the name and address of the subcontractor and a summary description of the work subcontracted. The Contractor shall at the same time furnish a statement signed by the subcontractor acknowledging the inclusion in his subcontract of the clauses of this contract entitled “Equal Opportunity,” “Davis-Bacon Act," "Contract Work Hours and Safety Standards Act-Overtime Compensation," "Apprentices and Trainees," "Payrolls and Basic Records," "Compliance with Copeland Regulations," "Withholding of Funds," "Subcontracts" and "Contract Termination Debarment." Nothing contained in this contract shall create any contractual relation between the subcontractor and the Government. (End of clause) (b) In construction contracts to be performed in U. S. possessions (as defined in 18-703.2), and in Puerto Rico, insert the clause in (a) above, modifying the second sentence by referring only to the clauses required by 18-703.2 (c) In construction contracts to be performed outside the United States, its possessions and Puerto Rico, insert the clause in (a) above, modified by deleting the second sentence thereof. 7-602.38 Pricing of Adjustments. Insert the clause in 7-103.26. 7-602.39 Use and Possession Prior to Completion. USE AND POSSESSION PRIOR TO COMPLETION (1965 JAN) The Government shall have the right to take possession of or use any completed or partially completed part of the work. Such possession or use shall not be deemed an acceptance of any work not completed in accordance with the contract. While the Government is in such possession, the Contractor, notwithstanding the provisions of the clause of this contract entitled "Permits and Responsibilities," shall be relieved of the responsibility for loss or damage to the work other than that resulting from the Contractor's fault or negligence. If such prior possession or use by the Government delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment in the contract price or the time of completion will be made and the contract shall be modified in writing accordingly. (End of clause) 7-602.39 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-602.40 Cleaning Up. CLEANING UP (1965 JAN) The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulations of waste material or rubbish and prior to completion of the work remove any rubbish from the premises and all tools, scaffolding, equipment, and materials not the property of the Government. Upon completion of the construction the Contractor shall leave the work and premises in a clean, neat and workmanlike condition satisfactory to the Contracting Officer. 7-602.41 Additional Definitions. (End of clause) ADDITIONAL DEFINITIONS (1965 JAN) (a) Wherever in the specifications or upon the drawings the words “directed", "required", "ordered", "designated”, “prescribed", or words of like import are used, it shall be understood that the "direction", "requirement", "order", "designation", or "prescription", of the Contracting Officer is intended and similarly the words “approved”, “acceptable”, “satisfactory" or words of like import shall mean "approved by" or "acceptable to”, or “satisfactory to" the Contracting Officer, unless otherwise expressly stated. (b) Where "as shown", "as indicated”, “as detailed", or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provided complete in place", that is "furnished and installed". 7-602.42 Accident Prevention. (End of clause) (a) Normally the following clause concerning safety controls, records, reports and corrective action to be taken shall be inserted. ACCIDENT PREVENTION (1967 JUN) (a) In order to provide safety controls for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contract, the Contractor shall comply with all pertinent provisions of Corps of Engineers Manual, EM 385-1-1, dated 1 March 1967, entitled "General Safety Requirements", as amended, and will also take or cause to be taken such additional measures as the Contracting Officer may determine to be reasonably necessary for the purpose. (b) The Contractor will maintain an accurate record of, and will report to the Contracting Officer in the manner and on the forms prescribed by the Contracting Officer, exposure data and all accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies and equipment incident to work performed under this contract. (c) The Contracting Officer will notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the Contractor or his representative at the site of the work, shall be deemed sufficient for the purpose. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of claim for extension of time or for excess costs or damages by the Contractor. (d) (mpliance with the provisions of this article by subcontractors will be the responsibility of the Contractor. (End of clause) (b) In contracts involving work of long duration or of hazardous character, the following paragraph (e) will be added to the above clause: 7-602.42 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS (e) Prior to commencement of the work the Contractor will: (1) submit in writing his proposals for effectuating this provision for accident prevention; (2) meet in conference with representatives of the Contracting Officer to discuss and develop mutual understandings relative to administration of the over-all safety program. 7-602.43 Government Inspectors. GOVERNMENT INSPECTORS (1965 JAN) The work will be conducted under the general direction of the Contracting Officer and is subject to inspection by his appointed inspectors to insure strict compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization of the Contracting Officer, nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract. (End of clause) 7-602.44 Commencement, Prosecution and Completion of Work. (a) Except as provided in (b) below, insert the following clause. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (1965 JAN) The Contractor will be required to commence work under this contract within........... calendar days after the date of receipt by him of notice to proceed, to prosecute said work diligently, and to complete the entire work ready for use not later than The time stated for completion shall include final clean-up of the premises. (End of clause) (b) When the completion date is expressed, not in a specified number of days after receipt of notice to proceed, but rather as a calendar day, which date is computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following to the above clause: The foregoing completion date is based on the assumption that the successful bidder will receive the notice to proceed by The Government will extend the completion date by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the bid. (1968 APR) 7-602.45 Contract Drawings, Maps and Specifications. CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS (1965 JAN) (a) ............ sets (five unless otherwise specified herein) of large scale contract drawings, maps and specifications will be furnished the Contractor without charge except applicable publications incorporated into the technical provisions by reference. Additional sets will be furnished on request at the cost of reproduction. The work shall conform to the following contract drawings and maps, all of which form a part of these specifications and are available in the office of |