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CONTRACT CLAUSES AND SOLICITATION PROVISIONS

Part 5—Personal Services Contracts 7-500 Scope of Part. This Part sets forth uniform contract clauses for use in personal services contracts referred to in 7-502.

7-501 Reserved.

7-502 Applicability. As used throughout this part, the term “personal services contract" applies only to a contract entered into with an individual, other than an alien scientist, for personal services to be performed by that individual under Government supervision and paid for on a time basis. It does not apply to contracts with firms or organizations.

7-503 Required Clauses. The following clauses shall be inserted in all personal services contracts, except as indicated:

7-503.1 Definitions. Insert the contract clause in 7-103.1, omitting subparagraph (c).

7-503.2 Payments.

PAYMENTS (1958 JAN)

Payment for the services performed by the Contractor, as set forth in the Schedule of this contract, shall be made at the rates prescribed, upon the submission by the Contractor of proper invoices or time statements to the office or officer designated herein and at the time provided for herein. In addition to the foregoing the Contractor shall be paid (i) a per diem rate in lieu of subsistence for each day the Contractor is in a travel status away from his home or regular place of employment in accordance with Standardized Government Travel Regulations as authorized in appropriate Travel Orders; and (ii) such other transportation expenses as may be provided for in the Schedule.

(End of clause)

7-503.3 Assignment of Claims.

ASSIGNMENT OF CLAIMS (1953 JAN)
No claim arising under this contract shall be transferred or assigned by the Contractor.

(End of clause)

7-503.4 Disputes. In accordance with 7-103.12, insert the clause therein.

7-503.5 Officials Not To Benefit. Insert the contract clause in 7-103.19, omitting the final phrase which begins, “but this provision ***."

7-503.6 Covenant Against Contingent Fees. Insert the contract clause in 7-103.20.

7-503.7 Termination.

TERMINATION (1953 JAN)

This contract may be terminated by the Government at any time within the period of its duration upon not less than 15 days' written notice by the Contracting Officer to the Contractor. The Contractor, with the written consent of the Contracting Officer, may terminate this contract upon not less than 15 days' written notice to the Contracting Officer, and the consent of the Contracting Officer shall not unreasonably be withheld.

(End of clause)

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CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-503.8 Approval of Contract. APPROVAL OF CONTRACT (1953 JAN)

This contract shall be subject to the written approval of the Secretary or his duly authorized representative and shall not be binding until so approved.

(Encloure)

7-503.9 Patents. In accordance with 9–108, insert the following clause.

PATENT RIGHTS (1975 AUG)

(a) For the purpose of determining the rights of the Government and the Contractor in and to inventions, the Contractor agrees to be bound by all provision of Executive Order 10096, dated 23 January 1950, and any orders, rules, regulations, or the like inued thereunder.

(b) The Contractor shall: (i) make written disclosure promptly to the Contracting Omeer of all inventions d the Contractor which are conceived or find actually reduced to practice during the term of this contract, and sign and execute all papen neccutary for conveying to the Government the right to which the Government is entitled in accordance with the determination made under the provisions of Executive Order 10096, or (ü) certify to the Contracting Oncer that, to the best of the Contractor's knowledge and belief, no inventions have been conceived or in actually reduced to practice during the term of this contract.

(End of cheese)

7-503.10 Pricing of Adjustments. Insert the clause in 7-103.26.
7-504 Clauses To Be Used When Applicable.
7-504.1 Military Security Requirements.

(a) Except as provided in (b) below, insert the Military Security Requirements clause in accordance with 7-104.12.

(b) In any cost reimbursement type contract, insert the Military Security Requirements clause in accordance with 7-204.12.

7-504.2 Rights in Data. In accordance with 7-104.9, insert the appropriate clause, or clauses, therein. Specific consideration should be given to the use of the clause in 7-104.9(e) when the duties of the contractor will involve the preparation of works in which the Government may desire to obtain copyright protection.

7-504.3 Interest. In accordance with E-620, insert the clause in 7-104.39. 7-504.4 Government Property.

(a) Fixed Price Contracts. Insert the appropriate clause or clauses in 7-104.24.

(b) Cost Reimbursement Contracts. Insert the clause in 7–203.21.

7-504.5 Order of Precedence. In accordance with 3-501(b)Sec.C(xxxi), insert the clause in 7-2003.41.

7-504.6 United States Products and Services (Balance of Payments Program). In accordance with Section VI, Part 8, insert the clause in 7-2003.53.

7-504.7 Identification of Expenditures in the United States. In accordance with 6-807, insert the clause in 7-104.58.

7-504.8 Use of Excess and Near Excess Currency. In accordance with 6-1110, insert the clause in 7-104.66.

7-504.9 Production Progress Report. In accordance with 25-202, Insert the clause in 7-104.51.

7-504.10 Examination of Records by Comptroller General. In accordance with 7-104.15, insert the clause therein.

7-504.11 Management Systems Requirements. In accordance with 16-827.1, insert the clause in 7-104.50.

7-504.12 Payment of Interest on Contractors' Claims. In accordance with 1-333, insert the clause in 7-104.82.

7-504.12
ARMED SERVICES PROCUREMENT REGULATION

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

7-504.13 Availability of Funds. In accordance with 1-318, insert one of the clauses in 7-104.91.

7–504.14 Term of Performance or Delivery Date. When applicable, a clause in accordance with 7-104.92 may be used.

7-504.15 Preference for United States Flag Air Carriers. In accordance with 1-336.1(b), insert the clause in 7-104.95.

7-504.16 Privacy Act. In accordance with 1-327.1, insert the clause in 7-104.96.

7-504.17 Preference for Domestic Specialty Metals. In accordance with 7-104.93, insert the applicable clause therein.

7-505 Additional Clause. The following clause shall be inserted in personal services contracts in accordance with Departmental procedures when it is desired to cover the subject matter thereof in such contracts.

7-505.1 Alterations in Contract. In accordance with 7-105.1(a), insert the clause therein.

7-505.1

ARMED SERVICES PROCUREMENT REGULATION

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CONTRACT CLACSES AND SOLICITATION PROVISIONS

Part 6 --Construction and Architect-Engineer Contracts

7-600 Scope of Part. This Part sets forth uniform contract clauses for use in connection with the procurement of construction (see 18-100) and of architectengineer services for the production and delivery of designs, plans, drawings and specifications, or for supervision and inspection of construction, or both.

7-601 General. As used throughout this part, the term "construction contract** means any contract (other than one entered into on Standard Form 19 or DD Form 1155 (see 16-4012, 16-402 2. and 18-302), a letter contract, a notice of award, or a modification not effecting new procurement) which is for construction as defined in 18-101 1.

7-602 Required Clauses for Fixed-Price Construction Contracts. The following clauses shall be inserted in all fixed-price construction contracts, except as otherwise provided in this part.

7-602.1 Definitions.

DEFINITIONS (1964 JUN)

(a) The term "Head of the Agency” or “Secretary ** as used herein means the Secretary, the Lader Secretary, any Assistant Secretary, or any other head or assistant head of the executive or military department or other Federal agency, and the term "his duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized to act for the head of the agency or the Secretary

(b) The term "Contracting Officers as used herein means the person executing this contract on behalf of the Government and includes a duly appointed successor or authorized representative.

(End of clause)

Additional definitions may be included provided they are not inconsistent with the foregoing clause or the provisions of this Regulation.

7-602.2 Specifications and Drawings.

SPECIFICATIONS AND DRAWINGS (1964 JUN)

The Contractor shall keep on the work a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy either in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at his own risk and expense. The Contracting Officer shall furnish from time to time such detail drawings and other information as he may consider necessary, unless otherwise provided.

(End of clause)

7-602.3 Changes.

CHANGES (1968 FEB)

(a) The Contracting Officer may, at any time, without notice to the suretics, by written order designated or indicated to be a change order, make any change in the work within the general scope of the contract, including but not limited to changes:

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CONTRACT CLAUSES AND SOLICITATION PROVISIONS

(e) If, after notice of termination of the Contractor's right to proceed under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, or that the delay was excusable under the provisions of this clause, the rights and obligations of the parties shall, if the contract contains a clause providing for termination for convenience of the Government, be the same as if the notice of termination had been issued pursuant to such clause. If, in the foregoing circumstances, this contract does not contain a clause providing for termination for convenience of the Government, the contract shall be equitably adjusted to compensate for such termination and the contract modified accordingly; failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled “Disputes".

(f) The rights and remedies of the Government provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

(g) As used in paragraph (d)(1) of this clause, the term “subcontractors or suppliers” means subcontractors or suppliers at any tier.

(End of clause)

During a period of national emergency, paragraph (d) of the above clause may be changed by deleting the word “unforeseeable" and inserting the phrase "other than normal weather", after the word “causes" wherever it appears. When Standard Form 23A is used, the words “Disputes clause of this contract" in the above clause need not be substituted for “Clause 6 of these General Provisions".

7-602.6 Disputes.
(a) Except as provided in (b) below, insert the following clause:

DISPUTES (1964 JUN)

(a) Except as otherwise provided in this contract, any dispute concerning a question arising under this contract which is not disposed of by agreement shall be decided by the Cantracting Officer, who shall reduce his decision to writing and mail or otherwise furnest a copy thereof to the Contractor. The decision of the Contracting Officer 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 at volved. The decision of the head of the agency or his duly authorized representative for the deler mination of such appeals shall be final and conclusive. This provision staf sot te pleated in any suit involving a question of fact arising under this contract as limiting reduc rec aty such decision to cases where fraud by such official or his representative or books alegad. Pumides, however, that any such decision shall be final and conclusive unless the man s fraudulent capricious or arbitrary or so grossly erroneous as necessarily to pursue tarta * su ported by substantial evidence. In connection with any appeal proceeding and this class, tha Contractor shall be afforded an opportunity to be heard and trafilier

S D E SUDDM tuns appeal. Pending final decision of a dispute hereunder the Contractor sual prodatingsmatky with the performance of the contract and in accordance with the Contract o rs

(b) This “Disputes" clause does not preclude considerate om nattene taw with decisions provided for in paragraph (a) abort Nating the sumar tre birati construed as making final the decision of an administratore: ca. t u na ampierda question of law.

In accordance with Departmental procedures the futuro claus met modified to provide for intermediate app I DETYR aces The Stars shal. if mailed, be sent by certified mai.. retur per tequested

(b) In procurements to be serios DSDE tum 1 A Sean ni Dos sions and Puerto Rico, when exactes ft SIM u wil e a tra firm, one of the clauses provider for r .17 1214)) will

b e cordance with the instruction tizene

7-4126
ARMED SERVICE PROCUREMENT REGULATE

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