CONTRACT CLAUSES AND SOLICITATION PROVISIONS (c) If the termination is due to the failure of the Architect-Engineer to fulfill his contract obligations, the Government may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Architect-Engineer shall be liable to the Government for any additional cost occasioned to the Government thereby. (d) If, after notice of termination for failure to fulfill contract obligations, it is determined that the Architect-Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the Government. In such event, adjustment in the contract price shall be made as provided in paragraph (b) of this clause. (e) 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. 7-607.5 Disputes. (End of clause) (a) Except as provided in (b) below, insert the following clause: DISPUTES (1972 APR) (a) Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Architect-Engineer. The decision of the Contracting Officer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Architect-Engineer mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the head of the agency involved. The decision of the head of the agency or his duly authorized representative for the determination of such appeals shall be final and conclusive. This provision shall not be pleaded in any suit involving a question of fact arising under this contract as limiting judicial review of any such decision to cases where fraud by such official or his representative or board is alleged; provided, however, that any such decision shall be final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Architect-Engineer shall be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the Architect-Engineer shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. (b) This Disputes clause does not preclude consideration of questions of law in connection with decisions provided for in paragraph (a) above. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. (End of clause) In accordance with departmental procedures, the foregoing clause may be modified to provide for intermediate appeal in overseas areas. The decision shall, if mailed, be sent by certified mail, return receipt requested. (b) In procurement to be performed outside the United States, its possessions and Puerto Rico, when it is anticipated that the architect-engineer will be a foreign firm, one of the clauses provided for in 7–103.12(b) will be inserted in accordance with the instructions therein, substituting "Architect-Engineer" for "Contractor." (c) The form in which the contracting officer shall notify the architect-engineer of his decision under the Disputes Clause, is in 1-314. 7-607.5 ARMED SERVICES PROCUREMENT REGULATION 7:335 CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-607.6 Assignment of Claims. ASSIGNMENT OF CLAIMS (1976 OCT) (a) Pursuant to the provisions of the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if this contract provides for payments aggregating $1,000 or more, claims for moneys due or to become due the Architect- Engineer from the Government under this contract may be assigned to a bank, trust company, or other financing institution, including any Federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any such assignment or reassignment shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party except that any such assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in such financing. Unless otherwise provided in this contract, payments to assignee of any moneys due or to become due under this contract shall not, to the extent provided in said Act, as amended, be subject to reduction or setoff. (The preceding sentence applies only if this contract is made in time of war or national emergency as defined in said Act; and is with the Department of Defense, the General Services Administration, the Energy Research and Development Administration, the National Aeronautics and Space Administration, the Federal Aviation Administration, or any other department or agency of the United States designated by the President pursuant to Clause 4 of the proviso of section 1 of the Assignment of Claims Act of 1940, as amended by the Act of May 15, 1951, 65 Stat. 41.) (b) In no event shall copies of this contract or of any plans, specifications, or other similar documents relating to work under this contract, if marked "Top Secret," "Secret," or "Confidential," be furnished to any assignee of any claim arising under this contract or to any other person not entitled to receive the same. However, a copy of any part or all of this contract so marked may be furnished, or any information contained therein may be disclosed, to such assignee upon the prior written authorization of the Contracting Officer. (End of clause) 7-607.7 Architectural Designs and Data · Government Rights. (a) Except as provided in (b) below, insert the following clause: GOVERNMENT RIGHTS (UNLIMITED) (1979 MAR) The Government shall have unlimited rights, in all drawings, designs, specifications, notes and other works developed in the performanceof this contract, including the right to use same on any other Government design or construction without additional compensation to the Architect-Engineer. The Architect-Engineer hereby grants to the Government a paid-up license throughout the world to all such works to which he may assert or establish any claim under design patent or copyright laws. The Architect-Engineer for a period of three years after completion of the project agrees to furnish the original or copies of all such works in the request of the Contracting Officer. (End of clause) 7-607.7 ARMED SERVICES PROCUREMENT REGULATION 7:336 CONTRACT CLAUSES AND SOLICITATION PROVISIONS (b) When, in accordance with 18-910.1(a)(2), it is desired to acquire exclusive control of data pertaining to design, the unlimited rights clause in (a) above shall be deleted from Standard Form 253 and the following clause substituted therefor: DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT (1979 MAR) (End of clause) 7-607.8 Examination of Records by Comptroller General. Insert the clause in 7-104.15 substituting "Architect-Engineer" for "Contractor." 7-607.9 Covenant Against Contingent Fees. COVENANT AGAINST CONTINGENT FEES (1972 APR) The Architect-Engineer warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Architect-Engineer for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. (End of clause) 7-607.9 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-607.10 Officials Not to Benefit. OFFICIALS NOT TO BENEFIT (1972 APR) No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. (End of clause) 7-607.11 Contract Work Hours and Safety Standards Act pensation. Overtime Com CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME COMPENSA- This contract, to the extent that it is of a character specified in the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–333), is subject to the following provisions and to all other applicable provisions and exceptions of such Act and the regulations of the Secretary of Labor thereunder. (a) Overtime requirements. No Architect-Engineer or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek on work subject to the provisions of the Contract Work Hours and Safety Standards Act unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all such hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek, whichever is the greater number of overtime hours. (b) Violation, liability for unpaid wages; liquidated damages. In the event of any violation of the provisions of paragraph (a), the Architect-Engineer and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Architect-Engineer and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic 7-607.11 ARMED SERVICES PROCUREMENT REGULATION 7:336-A CONTRACT CLAUSES AND SOLICITATION PROVISIONS employed in violation of the provisions of paragraph (a) in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages required by paragraph (a). (c) Withholding for unpaid wages and liquidated damages. The Contracting Officer may withhold from the Architect-Engineer, from any moneys payable on account of work performed by the Architect-Engineer or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Architect-Engineer or subcontractor for unpaid wages and liquidated damages as provided in the provisions of paragraph (b). (d) Subcontracts. The Architect-Engineer shall insert paragraph (a) through (d) of this clause and the preamble in all subcontracts, and shall require their inclusion in all subcontracts of any tier. (e) Records. The Architect-Engineer shall maintain payroll records containing the information specified in 29 CFR 516.2(a). Such records shall be preserved for 3 years from the completion of the contract. 7-607.12 Convict Labor. (End of clause) CONVICT LABOR (1975 OCT) In connection with the performance of work under this contract, the Architect-Engineer agrees not to employ any person undergoing sentence of imprisonment except as provided by Public Law 89-176, September 10, 1965 (18 U.S.C 4082(c)(2)) and Executive Order 11755, December 29, 1973. (End of clause) 7-607.13 Equal Opportunity Clause. EQUAL OPPORTUNITY (1978 SEP) (If during any 12-month period (including the twelve (12) months preceding the award of this contract), the Contractor has been or is awarded Federal contracts and/or subcontracts which have an aggregate value in excess of $10,000, the Contractor shall comply with (a) through (g) below. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. Also, the following clause is applicable unless this contract is exempt under the rules, regulations, and relevant orders of the Secretary of Labor (41 CFR, ch. 60 ).) During the performance of this contract, the Architect-Engineer agrees as follows: (a) The Architect-Engineer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Architect-Engineer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Architect-Engineer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this Equal Opportunity clause. (b) The Architect-Engineer will, in all solicitations or advertisements for employees placed by or on behalf of the Architect-Engineer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The Architect-Engineer will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the labor union or workers' representative of the Architect-Engineer's commitments under this Equal Opportunity clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Architect-Engineer will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Architect-Engineer will furnish all information and reports required by Executive Order No. 11264 of September 24, 1965, as amended by Executive Order No. 11375 of October 7-607.13 ARMED SERVICES PROCUREMENT REGULATION 416 |