CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7:310-A (2) Drawings and Other Data to Become Property of Government. DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT (1979 MAR) All Designs, drawings, specifications, notes and other works developed in the performance of this contract shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the Contractor. The Government shall be considered the "person for whom the work was prepared" for the purpose of authorship in any copyrightable work under Section 201(b) of Title 17, United States Code. With respect thereto, the Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or copyright laws. The Contractor for a period of three years after completion of the project agrees to furnish all retained works on the request of the Contracting Officer. Unless otherwise provided in this contract, the Contractor shall have the right to retain copies of all works beyond such period. (End of clause) (b) In accordance with 18-910.2 and 18-910.3, insert the appropriate clause or clauses in 7-104.9. 7-603.43 Identification of Expenditures in the United States. In accordance with 6-807, insert the clause in 7-104.58. 7-603.44 Reserved. 7-603.44 ARMED SERVICES PROCUREMENT REGULATION 7:311 CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-603.45 Bills of Lading Covering Shipments From Contractor's Plant. In accordance with the requirements of 19–217.1(a), insert the clause in 7–103.25. 7-603.46 Equal Opportunity Pre-Award Clearance of Subcontracts. In accordance with 23-201.4, insert the clause in 7-104.22. 7-603.47 Use of Excess and Near Excess Currency. In accordance with 6-1110, insert the clause in 7-104.66. 7-603.48 Progress Charts and Requirements for Overtime Work. Insert the following clause in contracts having a performance time of sixty days or more. Use of the clause is optional for contracts with a performance time of less than sixty days. PROGRESS CHARTS AND REQUIREMENTS FOR OVERTIME WORK (1965 JAN) (a) The Contractor shall within five days or within such time as determined by the Contracting Officer, after date of commencement of work, prepare and submit to the Contracting Officer for approval a practicable schedule, showing the order in which the Contractor proposes to carry on the work, the date on which he will start the several salient features (including procurement of materials, plant and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion at any time. The Contractor shall enter on the chart the actual progress at such intervals as directed by the Contracting Officer, and shall immediately deliver to the Contracting Officer three copies thereof. If the Contractor fails to submit a progress schedule within the time herein prescribed, the Contracting Officer may withhold approval of progress payment estimates until such time as the Contractor submits the required progress schedule. (b) If, in the opinion of the Contracting Officer, the Contractor falls behind the progress schedule, the Contractor shall take such steps as may be necessary to improve his progress and the Contracting Officer may require him to increase the number of shifts, or overtime operations, days of work, or the amount of construction plant, or all of them, and to submit for approval such supplementary schedule or schedules in chart form as may be deemed necessary to demonstrate the manner in which the agreed rate of progress will be regained, all without additional cost to the Government. (c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this provision shall be grounds for determination by the Contracting Officer that the Contractor is not prosecuting the work with such diligence as will insure completion within the time specified. Upon such determination the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part thereof, in accordance with the clause of the contract entitled "Termination for Default-Damages for Delay-Time Extensions." (End of clause) 7-603.49 Airfield Safety Precautions. Insert the following clause in contracts to be performed on or near airfields when it is desired to cover the subject matter thereof. AIRFIELD SAFETY PRECAUTIONS (1968 APR) (a) The operation of all ground equipment (mobile or stationary), the placement of all materials, and the performance of all work, upon and in the vicinity of all airfields, shall be done in accordance with this clause. The requirements of this clause are in addition to any other safety requirements of this contract. (b) For purposes of this clause the following definitions shall apply. (1) “Landing Areas" means the following: (i) the primary surfaces which are comprised of the surface of the runways, the runway shoulders, and the lateral safety zones (the length of each primary surface is the same as the runway length; the width of each primary surface is 2,000 feet (1,000 feet on each side of the runway centerline)*); (See footnote at end of clause) 7-603.49 ARMED SERVICES PROCUREMENT REGULATION 7:312 CONTRACT CLAUSES AND SOLICITATION PROVISIONS (ii) the "clear zones" beyond the ends of each runway-i.e., the extension of the (iv) all aircraft parking aprons plus the area 125 feet in width extending beyond each (2) "Safety precaution areas" means those portions of approach-departure clearance zones and transitional zones where placement of objects incident to contract performance might result in vertical projections at or above the approach-departure clearance surface or the transitional surface. (A) The "approach-departure clearance surface" is an extension of the primary surface and the clear zone at each end of each runway, for a distance of 50,000 feet, first along an inclined (glide angle) and then along a horizontal plane, both flaring symmetrically about the runway centerline extended. The inclined plane (glide angle) begins in the clear zone 200 feet past the end of the runway (and primary surface) at the same elevation as the end of the runway, and continues upward at a slope of 50:1 (one foot vertically for each 50 feet horizontally) to an elevation of 500 feet above the established airfield elevation; at that point the plane becomes horizontal, continuing at that same uniform elevation to a point 50,000 feet longitudinally from the beginning of the inclined plane (glide angle) and ending there. The width of the surface at the beginning of the inclined plane (glide angle) is the same as the width of the clear zone; thence it flares uniformly, reaching the maximum width of 16,000 feet at the end. (B) The "approach-departure clearance zone" is the ground area under the approach-departure clearance surface. (C) The "transitional surface" is a sideways extension of all primary surfaces, clear zones, and approach-departure clearance surfaces along inclined planes. The inclined plane in each case begins at the edge of the surface. The slope of the inclined plane is 7:1 (one foot vertically for each 7 feet horizontally), and it continues to the point of intersection with the inner horizontal surface (which is the horizontal plane 150 feet above the established airfield elevation) or the outer horizontal surface (which is the horizontal plane 500 feet above the established airfield elevation), whichever is applicable. (D) The "transitional zone" is the ground area under the transitional surface. (It adjoins the primary surface, clear zone and approach-departure clearance zone.) (c) The Contractor shall report to the Contracting Officer before initiating any work and shall notify him of proposed changes of locations and operations. (d) Neither equipment nor personnel shall use any runway for purposes other than aircraft operation without permission of the Contracting Officer unless the runway is closed by order of the Contracting Officer and marked as provided in (e)(2) below. (e)(1) The Contractor shall place nothing upon the landing areas without authorization of the Contracting Officer. (2) Unless otherwise authorized by the Contracting Officer, the Contractor shall outline those landing areas hazardous to aircraft, with red flags by day, and with electric, batteryoperated, low-intensity red flasher lights by night. (3) Before entering any landing area at an airfield where flying is controlled, additional permission must be obtained every time from the control tower operator, unless the landing area is marked as hazardous to aircraft in accordance with (2) above. (4) All vehicles which the Contractor operates in landing areas shall be identified by means of a flag on a staff attached to and flying above the vehicle. The flag shall be three feet square and shall consist of a checkered pattern of international orange and white squares of one foot on each side (except that the flag may vary up to 10 percent from each of these dimensions). (5) Unless otherwise authorized by the Contracting Officer, all other equipment and materials in the landing areas shall be marked with red flags by day, and with electric, battery-operated, low-intensity red flasher lights by night. (6) Work shall be carried on so as to leave that portion of the landing area which is available to aircraft free from hazards, holes, piles of material, and projecting shoulders that might damage an airplane tire. (f)(1) The Contractor shall place nothing upon the safety precaution areas without authorization of the Contracting Officer. 7-603.49 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7:313 (2) Unless otherwise authorized by the Contracting Officer, all equipment and materials in safety precaution areas shall be marked with red flags by day, and with electric, battery-operated, low-intensity red flasher lights by night. (3) All objects, placed in safety precaution areas, which project above the approach-departure clearance surface or above the transitional surface must be provided at night with a red light or red lantern. (g) The Contractor shall keep all paved surfaces, such as runways, taxiways, and hardstands, clean at all times and, specifically, free from small stones which might damage aircraft propellers or jet aircraft. (h) While work is actually being performed on the airfield by the Contractor, the operation of mobile equipment shall be governed by the safety provisions above. At all other times all mobile equipment shall be removed to locations approved by the Contracting Officer at a distance of at least 750 feet from the runway centerline plus any additional distance necessary to insure compliance with the other provisions of this clause. (i) Only those trenches may be opened for which material is on hand and ready for placing therein. As soon as practicable after material has been placed and work approved, trenches shall be backfilled and compacted as required by the contract. Meanwhile all hazardous conditions shall be marked and lighted in accordance with the other provisions of this clause. (End of clause) *At some airfields the width of the primary surfaces is 1,500 feet (750 feet on each side of the runway centerline). In such instances, substitute the proper width in the clause 7-603.50 Quantity Surveys. (a) Except as provided in (b) below, insert the following clause in contracts containing unit price items where the specifications provide for payment based on surveys. QUANTITY SURVEYS (1979 MAR) (a) The Government shall make original and final surveys and make computations to determine the quantities of work performed or finally in place. (b) The Contractor shall make such surveys and computations as are necessary to determine the quantities of work performed or placed during each period for which a progress payment is to be made. All original field notes, computations and other records for the purpose of layout and progress surveys shall be furnished promptly to the representatives of the Contracting Officer at the site of the work and shall be used by the Contracting Officer to the extent necessary in determining the proper amount of progress payments due the Contractor. A copy of the original notes, computations and records furnished to the Contracting Officer shall be retained by the Contractor. Unless waived by the Contracting Officer in each specific case, quantity surveys made by the Contractor shall be made under the direction of a representative of the Contracting Officer. (End of clause) (b) When Government personnel may not be available, it may be advisable to require the contractor to make original and final quantity surveys as well as progress surveys. In this case, the following clause may be used in place of the clause in (a) above, with the approval of the Head of the Procuring Activity or his designee. 7-603.50 ARMED SERVICES PROCUREMENT REGULATION DAC #76-18 12 MAR 1979 CONTRACT CLAUSES AND SOLICITATION PROVISIONS QUANTITY SURVEYS (1979 MAR) (a) The Contractor shall make such surveys and computations as are necessary to determine the quantities of work performed or placed during each period for which a progress payment is to be made. The Contractor shall also make original and final surveys. The Government will make such computations as are necessary to determine the quantities of work performed or finally in place. Unless waived by the Contracting Officer in each specific case, quantity surveys made by the Contractor shall be made under the direction of a representative of the Contracting Officer. (b) All original field notes, computations and other records of the Contractor for the purposes of layout, original, progress and final surveys shall be furnished promptly to the representative of the Contracting Officer at the site of the work and shall be used by the Contracting Officer to the extent necessary in determining the proper amounts of progress and final payments. A copy of the original notes, computations and records furnished to the Contracting Officer shall be retained by the Contractor. 7-603.51 Reserved. 7-603.52 Reserved. (End of clause) 7-603.53 Cost Accounting Standards. In accordance with 3-1204, insert the clauses in 7-104.83. 7-603.54 Capture and Detention. In accordance with 10-406, insert the clause in 7-104.94. 7-603.55 Preference for United States Flag Air Carriers. In accordance with 1-336.1(b), insert the clause in 7-104.95. 7-603.56 Privacy Act. In accordance with 1-327.1, insert the clause in 7-104.96. 7-603.57 Preference for Domestic Specialty Metals. In accordance with 7-104.93, insert the applicable clause therein. 7-603.58 Exclusionary Policies and Practices of Foreign Governments. In accordance with 6-1312, insert the clause in 7-104.97. 7-603.59 Hazardous Material Identification and Material Safety Data. In accordance with 1-323.2(b), insert the clause in 7-104.98. 7-603.60 Affirmative Action Compliance Requirements for Construction. In accordance with 12-807.1 regarding affirmative action compliance requirements, insert the following clause in all applicable contracts involving construction in excess of $10,000. AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (1978 SEP) (a) As used in this clause: (1) Covered area" means the geographical area described in the solicitation from which this contract resulted; (2) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; (3) "Employer indentification number" means the Federal social security number used on the employer's quarterly federal tax return, U.S. Treasury Department Form 941. (4) "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American (iii) Asian and Pacific Islander (all persons having ongins in any of the original peoples of 7-603.60 ARMED SERVICES PROCUREMENT REGULATION 388 |