CONTRACT CLAUSES AND SOLICITATION PROVISIONS OPTION FOR SUPERVISION AND INSPECTION SERVICES (1972 APR) At any time prior to six (6) months after satisfactory completion and acceptance of the work to be furnished hereunder, the Government at its option, may direct, by a written order, the Architect-Engineer to perform any part or all of the supervision and inspection services provided under Appendix A. Upon receipt of such direction, the Architect-Engineer shall proceed with such work and services. (End of clause) 7-608.6 Requirements for Registration of Designers. The following clause shall be inserted in fixed-price architect-engineer contracts, except that it may be omitted from any contract (1) when the design is to be performed outside the United States, its possessions, or Puerto Rico, or (2) when the design is to be performed in a State or possession which does not have registration requirements for the particular field involved: REQUIREMENTS FOR REGISTRATION OF DESIGNERS (1972 APR) The design of architectural, structural, mechanical, electrical, civil or other engineering features of the work shall be accomplished or reviewed and approved by architects or engineers registered to practice in the particular professional field involved in a State or possession of the United States, in Puerto Rico, or in the District of Columbia. (End of clause) 7-608.7 Accident Prevention. Insert the clause in 7-602.42, except in contracts where no field work is involved, substituting "Architect-Engineer" for "Contractor." 7–608.8 Military Security Requirements. In accordance with 7–104.12, insert the clause therein, substituting “Architect-Engineer" for "Contractor." 7-608.9 Price Reduction for Defective Cost or Pricing Data. In accordance with 7-104.29(a), insert the clause therein, substituting “Architect-Engineer" for "Contractor." 7-608.10 Subcontractor Cost or Pricing Data. In accordance with 7-104.42(a), insert the clause therein, substituting "Architect-Engineer" for "Contractor." 7-608.11 Identification of Expenditures in the United States. In accordance with Section VI, Part 8, insert the clause in 7-104.58, substituting “Architect-Engineer" for "Contractor." 7-608.12 Authorization and Consent. In accordance with 18-902.1 and 18-902.2, insert the appropriate clause in 7-103.22 or 7-302.21, substituting "Architect-Engineer" for "Contractor." 7-608.13 Notice and Approval of Restricted Designs. In accordance with 18-905, insert the following clause. NOTICE AND APPROVAL OF RESTRICTED DESIGNS (1972 APR) In the performance of this contract, the Architect-Engineer shall, to the extent practicable, make maximum use of structures, machines, products, materials, construction methods, and equipment which are readily available through Government or competitive commercial channels, or through standard or proven production techniques, methods, and processes. Unless approved by the Contracting Officer the Architect-Engineer shall not, in the performance of the work called for by this contract, produce a design or specification such as to require in this construc 7-608.13 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS tion work the use of structures, products, materials, construction equipment, or processes which are known by the Architect-Engineer to be available only from a sole source. As to any such design or specification the Architect-Engineer shall report to the Contracting Officer giving the reason or reasons why it is considered necessary to so restrict the design or specification. (End of clause) 7-608.14 Patent Rights. In accordance with 9-107 and 18-908(a), insert the appropriate clause in 7-302.23, substituting "Architect-Engineer" for "Contractor." 7-608.15 Filing of Patent Applications. In accordance with 9–106, insert the clause in 7-104.6 in every classified contract which covers or is likely to cover classified subject matter, substituting “Architect-Engineer” for “Contractor." 7-608.16 Alterations. In accordance with 7-604.1, insert the clause therein. 7-608.17 Rights in Data. In accordance with 18-910.2 and 18-910.3, insert the appropriate clause, or clauses, in 7-104.9, substituting “Architect-Engineer” for "Contractor." 7-608.18 Cost Accounting Standards. In accordance with 3-1204, insert the clauses in 7-104.83, substituting “Architect-Engineer” for “Contractor." 7-608.19 Privacy Act. In accordance with 1-327.1, insert the clause in 7-104.96. 7-608.20 Preference for Domestic Specialty Metals. In accordance with 7-104.93, insert the applicable clause therein. 7-608.20 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS Part 7-Facilities Contracts 7-701 Applicability. As used throughout this Part, the term "facilities contract" means a contract under which Government facilities are provided to a contractor by the Government for use in connection with the performance of a separate contract or contracts for supplies or services. When property other than facilities is provided under a facilities contract, it shall be considered facilities for the purposes of that contract. Facilities contracts may take any of the following forms: (i) consolidated facilities contracts, which provide for both— (A) the acquisition, construction, and installation of facilities; and (ii) facilities acquisition contracts, which provide for the acquisition, (iii) facilities use contracts, which provide for the use, maintenance, accountability, and disposition of facilities. 7-702 Required Clauses for Consolidated Facilities Contracts. The following clauses shall be inserted in all consolidated facilities contracts. 7-702.1 Definitions. Insert the clause set forth in 7-103.1, changing the title date to "(1964 SEP)” and adding the following: (d) "Related procurement contract” means a Government contract or subcontract thereunder for furnishing supplies or services of any description, for the performance of which the use of the Facilities is or may be authorized. (e) “Facilities" means, for purposes of this contract, all property provided under this contract. Additional definitions may be included in such clause provided they are not inconsistent with such clause or this Regulation. 7-702.2 Facilities To Be Provided. FACILITIES TO BE PROVIDED (1964 SEP) (a) The Contractor, at Government expense and subject to the terms and conditions of this contract, shall acquire, construct, or install the Facilities, and perform the work related thereto, described in the Schedule. (b) The Government, subject to the terms and conditions of this contract, shall furnish to the Contractor the Facilities identified in the Schedule as Government-furnished Facilities. The Contractor, at Government expense, shall perform such work with respect to these Governmentfurnished Facilities as may be described in the Schedule. (End of clause) 7-702.3 Late Delivery, Diversion, and Substitution. LATE DELIVERY, DIVERSION, AND SUBSTITUTION (1964 SEP) (a) The Government shall not be liable to the Contractor for breach of contract by reason of nondelivery or of any delay in the delivery of the Facilities to be furnished by the Government hereunder. (b) The Government, if it is determined by the Contracting Officer to be in the best interest of the Government, may divert the Facilities by directing: (i) delivery of any or all of the Facilities acquired by or furnished to the Contractor hereunder to locations other than those specified in the Schedule; and 7-702.3 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS (ii) assignment, to the Government or to third parties, of purchase orders or subcontracts of the Contractor for any or all of the Facilities hereunder. The work performed by the Contractor in complying with such directions shall be at Government expense. (c) The Government may furnish any item of the Facilities, in lieu of the acquisition or construction thereof by the Contractor. In such event, the work performed by the Contractor in connection with the acquisition or construction of such Facilities, including the cost of terminating purchase orders or subcontracts therefor, shall be at Government expense. (d) Appropriate equitable adjustment may be made in any related procurement contract of the Contractor which so provides and which is affected by any nondelivery, delay, diversion, or substitution under this clause. (End of clause) 7-702.4 Changes. CHANGES (1964 SEP) (a) The Contracting Officer may at any time, by written order and without notice to the sureties, if any, make changes, within the general scope of this contract, in the Facilities or work described in the Schedule. Work performed by the Contractor in complying with any such order shall be at Government expense. If any such change causes an increase or decrease in the estimated cost of this contract, in the time required for its performance, or otherwise affects any other provision of this contract, an equitable adjustment shall be made in the estimated cost, the completion schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within thirty (30) days from the date of receipt by the Contractor of the notification of change; provided, however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the "Disputes" clause of this contract. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. (b) Appropriate equitable adjustment may be made in any related procurement contract of the Contractor which so provides and which is affected by any such change. (End of clause) In the foregoing clause, the period of "thirty (30) days" within which any claim or adjustment must be asserted may be varied in accordance with Departmental procedures. 7-702.5 Representations and Warranties. REPRESENTATIONS AND WARRANTIES (1964 SEP) (a) The Government makes no warranty, express or implied, regarding the condition or fitness for use of any item of the Facilities. To the extent practicable, the Contractor shall be afforded an opportunity to inspect all items of Facilities that are to be furnished by the Government prior to the shipment of such Facilities to the Contractor. In the event that any item of such Facilities is received by the Contractor in a condition not suitable for the intended use, the Contractor shall, within thirty (30) days after receipt and installation thereof, notify the Contracting Officer of such fact and, as directed by the Contracting Officer and at Government expense, either (i) return such item or otherwise dispose of it, or (ii) effect repairs or modifications. (b) Appropriate equitable adjustment may be made in any related procurement contract of the Contractor which so provides and which is affected by the return or disposition, or the repair or modification, of any item of Facilities under paragraph (a) above. (End of clause) 7-702.5 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-702.6 Inspection. INSPECTION (1964 SEP) (a) The Facilities and work called for by this contract shall be subject to inspection and test by the Government, to the extent practicable at all times and places including the period of manufacture. The Contractor shall provide and maintain an inspection system acceptable to the Government covering the Facilities and work called for by this contract. The Government, through any authorized representative, may inspect such Facilities and work at the plant or plants of the Contractor or any of his subcontractors engaged in the performance of this contract. If any inspection or test is made by the Government on the premises of the Contractor or a subcontractor, the Contractor shall provide and shall require subcontractors to provide all reasonable facilities and assistance for the safety and convenience of the Government inspectors in the performance of their duties. All inspections and tests by the Government shall be performed in such a manner as will not unduly delay the work to be performed by the Contractor under this contract or any related procurement contract. (b) The Contracting Officer may at any time require the Contractor to remedy by correction or replacement any Facilities or work which are defective or otherwise not in conformity with the requirements of this contract. Except as otherwise provided in paragraph (c) below, such corrections and replacements shall be carried out at Government expense if under the terms of this contract the Facilities or work thus corrected or replaced were initially provided or required to be performed at Government expense. (c) The Contracting Officer may at any time require the Contractor, without cost to the Government hereunder or under any of its related procurement contracts or subcontracts, to correct or replace any Facilities or work which are defective or otherwise not in conformity with the requirements of this contract, if such defects or failures are due to: (i) fraud, lack of good faith, or willful misconduct on the part of any of the Contractor's directors or officers, or on the part of any of his managers, superintendents, or other equivalent representatives who has supervision or direction of — (A) all or substantially all of the Contractor's business; (B) all or substantially all of the Contractor's operations at any one plant or separate location in which this contract is being performed; or (C) a separate and complete major industrial operation in connection with the performance of this contract; or (ii) The conduct of one or more individual employees selected or retained by the Contractor after any of the supervisory personnel described in (i) above has reasonable grounds to believe that any such employee is habitually careless or otherwise unqualified. (d) Corrected or replaced Facilities or work shall be subject to the provisions of this clause in the same manner and to the same extent as Facilities or work originally completed under this contract. (e) The Contractor shall make his records of all inspection work available to the Government during the performance of this contract and for such longer periods as may be specified in this contract. (End of clause) 7-702.7 Excusable Delays. Insert the clause set forth in 7-203.11, changing "Termination" in the last sentence to "Termination of Work." See 8-708. 7-702.8 Location of the Facilities. LOCATION OF THE FACILITIES (1964 SEP) The Contractor may use the Facilities at any of the locations specified in the Schedule, and, with the prior written approval of the Contracting Officer, at any other location. In granting this approval, the Contracting Officer may prescribe such terms and conditions as he may deem necessary for the protection of the Government's interest in the Facilities involved. Notwithstanding any inconsistency with the provisions of this contract, such terms and conditions shall prevail. (End of clause) 58-110 O-77 - 26 7-702.8 ARMED SERVICES PROCUREMENT REGULATION |