DPC #76-14 13 MARCH 1978 CONTRACT CLAUSES AND SOLICITATION PROVISIONS (B) Delete paragraph (c) and substitute the following: Promptly after receipt of each invoice or voucher and statement of cost the Government shall, except as otherwise provided in this contract, subject to the provisions of (d) below, make payment thereon as approved by the Contracting Officer. Payment of the fee shall be made to the Contractor in installments based upon the percentage of completion of the work as determined from estimates submitted to and approved by the Contracting Officer; provided, however, that after payment of ninety-five percent (95%) of the minimum fee provided for in (i) below, the Contracting Officer may withhold further payment of fee until a reserve shall have been set aside in an amount which he considers necessary to protect the interests of the Government, but such reserve shall not exceed fifteen percent (15%) of the target fee or one hundred thousand dollars ($100,000), whichever is less. (C) The additional instructions for use of the clause in 7-203.4(c)(1), (2), (5), (6), and (7) apply. 7-606.2 Approval of Wage Rates. Insert the following clause in contracts to be performed in the United States: APPROVAL OF WAGE RATES (1965 JAN) All wage rates in excess of the applicable Davis-Bacon Wage rates for this contract, including compensation for overtime pursuant to paragraph 2 of Standard Form 19-A, for laborers and mechanics engaged in work under this contract shall be approved in writing by the Head of a Procuring Activity or a representative expressly designated by him for this purpose. Any amount paid by the Contractor to any laborer or mechanic in excess of the wage rate approved for such laborer or mechanic by the Head of a Procuring Activity or a representative expressly designated by him for that purpose shall be at the expense of the Contractor and shall not be reimbursed by the Government. (End of clause) 7-606.3 Buy American. In accordance with 7-602.20, insert the clause therein. 7-606.4 Nondomestic Construction Materials. In accordance with 7-602.24, insert the clause therein. 7-606.5 Priorities, Allocations, and Allotments. In accordance with 1-307.2, insert the clause in 7-104.18. 7-606.5 ARMED SERVICES PROCUREMENT REGULATION 407 CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-606.6 Interest. In accordance with E-620, insert the clause in 7-104.39. 7-606.7 Military Security Requirements. In accordance with 7-104.12, insert the clause therein, modified in accordance with 7-204.12. 7-606.8 Workmen's Compensation and War Hazard Insurance Overseas. In accordance with 10-403, insert the clauses in 7-104.2(a) and/or 7-104.2(b) depending on whether all contract employees are subject to the Defense Base Act or whether the Act has been waived as to all or part of the contract employees. Also insert the clause Reimbursement for War Hazard Losses in 7-104.2(c) and the language at 10-502(b) and (c) according to the instructions stated in those paragraphs. 7-606.9 Use of Excess and Near Excess Currency. In accordance with 6-1110, insert the clause in 7-104.66. 7-606.10 Alterations. In accordance with 7-604.1, insert the clause therein. 7-606.11 Payment for Overtime Premiums. In accordance with 12-102, insert the clause in 7-203.27. 7-606.12 Aircraft, Missile, and Space Vehicle Accident Reporting and Investigation. In accordance with 7-104.81, insert the clause therein. 7-606.13 Approval of Contract. In accordance with 7-105.2, insert the clause therein. 7-606.14 Architectural Designs and Data-Government Rights. In accordance with 18-910.1(a), insert one of the two clauses in 7-603.42(a)(1) or (2), if appropriate. 7-606.15 Identification of Expenditures in the United States. In accordance with Section VI, Part 8, insert the clause in 7-104.58. 7-606.16 Reserved. 7-606.17 North Carolina State and Local Sales and Use Tax. In accordance with 11-302(c), insert the clause in 7-602.27. 7-606.18 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 (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 7-606.18 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS (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 plane (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. (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. 7-606.18 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS (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 1500 feet (750 feet on each side of the runway centerline). In such instances 7-606.19 Reserved. 7-606.20 Reserved. 7-606.21 Payment of Interest on Contractor's Claims. In accordance with 1-333, insert the clause in 7-104.82. 7-606.22 Cost Accounting Standards. In accordance with 3-1204, insert the clauses in 7-104.83. 7-606.23 Capture and Detention. In accordance with 10-406, insert the clause in 7-104.94. 7-606.24 Value Engineering. A VE Incentive or Program Requirement clause may be included in Cost-Reimbursement Type construction contracts at the discretion of the Contracting Officer. Use 7-602.50 or 7-104.44 (as modified by 7-204.32(b) or (c)) to suit the procurement. 7-606.25 Patent Rights. In accordance with 9-107 and 18-908, insert the appropriate clause in 7-302.23. 7-606.26 Filing of Patent Applications. In accordance with 9-106, insert the clause in 7-104.6. 7-606.27 Reporting of Royalties. In accordance with 9-110(d), insert the clause in 7-104.8(a). 7-606.28 Privacy Act. In accordance with 1-327.1, insert the clause in 7-104.96. 7-606.29 Preference for Domestic Specialty Metals. In accordance with 7-104.93, insert the applicable clause therein. 7-606.30 Exclusionary Policies and Practices of Foreign Governments. In accordance with 6-1312, insert the clause in 7-104.97. 7-606.31 Hazardous Material Identification and Material Safety Data. In accordance with 1-323.2(b), insert the clause in 7-104.98. 7-606.32 Geographic Distribution of Defense Subcontract Dollars. cordance with 1-340, insert the clause in 7-104.78. In ac 7-607 Required Clauses for Fixed-Price Architect-Engineer Contracts. The following clauses shall be inserted in all fixed-price architect-engineer contracts: 7-607.1 Definitions. DEFINITIONS (1972 APR) (a) The term "head of the agency" or "Secretary" as used herein means the Secretary, or any other 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 Officer" 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) ARMED SERVICES PROCUREMENT REGULATION 410 CONTRACT CLAUSES AND SOLICITATION PROVISIONS Additional definitions may be included provided they are not inconsistent with the foregoing clause or the provisions of this Regulation. 7-607.2 Responsibility of the Architect-Engineer. RESPONSIBILITY OF THE ARCHITECT-ENGINEER (1972 APR) (a) The Architect-Engineer shall be responsible for the professional quality, technical accuracy and the coordination of all designs, drawings, specifications, and other services furnished by the Architect-Engineer under this contract. The Architect-Engineer shall, without additional compensation, correct or revise any errors or deficiencies in his designs, drawings, specifications, and other services. (b) Neither the Government's review, approval or acceptance of, nor payment for, any of the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Architect-Engineer shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Architect-Engineer's negligent performance of any of the services furnished under this contract. (c) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law. (End of clause) 7-607.3 Changes. CHANGES (1972 APR) (a) The Contracting Officer may, at any time, by written order, make changes within the general scope of the contract in the services to be performed. If such changes cause an increase or decrease in the Architect-Engineer's cost of, or time required for, performance of any services under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract shall be modified in writing accordingly. Any claim of the Architect-Engineer for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Architect-Engineer of the notification of change unless the Contracting Officer grants a further period of time before the date of final payment under the contract. (b) No services for which an additional cost or fee will be charged by the Architect-Engineer shall be furnished without the prior written authorization of the Contracting Officer. (End of clause) 7-607.4 Termination. TERMINATION (1972 APR) (a) The Contracting Officer may, by written notice to the Architect-Engineer, terminate this contract in whole or in part at any time, either for the Government's convenience or because of the failure of the Architect-Engineer to fulfill his contract obligations. Upon receipt of such notice, the Architect-Engineer shall: (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Architect-Engineer in performing this contract, whether completed or in process. (b) If the termination is for the convenience of the Government, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. 7-607.4 ARMED SERVICES PROCUREMENT REGULATION |