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13, 1967, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,'records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(f) In the event of the Architect-Engineer's noncompliance with the Equal Opportunity clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part, and the Architect-Engineer may be declared ineligible for further Government contracts, in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, or by rule or regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The Architect-Engineer will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204, of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, so that such provisions will be binding upon each subcontractor or vendor. The Architect-Engineer will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Architect-Engineer becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Architect-Engineer may request the United States to enter into such litigation to protect the interests of the United States.

(End of clause)

7-607.14 Method of Payment.

METHOD OF PAYMENT (1976 OCT)

(a) Estimates shall be made monthly of the amount and value of the work and services performed by the Architect-Engineer under this contract, such estimates to be prepared by the Architect-Engineer and accompanied by such supporting data as may be required by the Contracting Officer

(b) Upon approval of such estimate by the Contracting Officer, payment upon properly executed vouchers shall be made to the Architect-Engineer as soon as practicable of 90% of the amount as determined above, less all previous payments; provided, however, that payment may be made in full during any month or months in which the Contracting Officer determines that performance has been satisfactory. Also, whenever the Contracting Officer determines that the work is substantially complete and that the amount of retained percentages is in excess of the amount considered by him to be adequate for the protection of the Government, he may at his discretion release to the Architect-Engineer such excess amount.

(c) Upon satisfactory completion by the Architect-Engineer and acceptance by the Contracting Officer of the work done by the Architect-Engineer in accordance with the "Statement of Architect-Engineer Services" (Appendix A of the contract), the Architect-Engineer will be paid the unpaid balance of any money due for work under said statement, including retained percentages relating to this portion of the work. In the event that the Government exercises the option under the "Option for Supervision and Inspection Services" clause, progress payments as provided for in (a) and (b) above will be made for this portion of the contract work. Upon satisfactory completion of the construction work and its final acceptance, the Architect-Engineer shall be paid the unpaid balance of any money due hereunder.

(d) Prior to final payment under the contract, or prior to settlement upon termination of the contract, and as a condition precedent thereto, the Architect-Engineer shall execute and deliver to the Contracting Officer a release of all claims against the Government arising under or by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Architect-Engineer from the operation of the release in stated amounts to be set forth therein.

End of clause)

7-607.14

ARMED SERVICES PROCUREMENT REGULATION

40-080 0 - 80 - 28

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

7-607.15 Contracting Officer's Decisions.

CONTRACTING OFFICER'S DECISIONS (1965 JAN)

The extent and character of the work to be done by the Architect-Engineer shall be subject to the general supervision, direction, control and approval of the Contracting Officer.

(End of clause)

7-607.16 Subcontractors and Outside Associates and Consultants.

SUBCONTRACTORS AND OUTSIDE ASSOCIATES AND CONSULTANTS (1965 JAN)

Any subcontractors and outside associates or consultants required by the Architect-Engineer in connection with the services covered by the contract will be limited to such individuals or firms as were specifically identified and agreed to during negotiations. Any substitution in such subcontractors, associates, or consultants will be subject to the prior approval of the Contracting Officer.

(End of clause)

7-607.17 Renegotiation. In accordance with 7-103.13, insert the appropriate clause therein, substituting "Architect-Engineer" for "Contractor.”

7-607.18 Gratuities. In accordance with 7-104.16, insert the clause therein, substituting “Architect-Engineer" for "Contractor."

7-607.19 Interest. In accordance with E-620, insert the clause in 7-104.39, substituting “Architect-Engineer" for “Contractor.'

7-607.20 Composition of Architect-Engineer.

COMPOSITION OF ARCHITECT-ENGINEER (1972 APR)

If the Architect-Engineer hereunder is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

(End of clause)

7-607.21 Pricing of Adjustments. Insert the clause in 7-103.26.

7-607.22 Audit by Department of Defense. In accordance with 7-104.41(a), insert the clause therein, substituting “Architect-Engineer" for Contractor."

7-607.23 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era. Insert the clause in 7-103.27, substituting “Architect-Engineer" for “Contractor".

7–607.24 Affirmative Action for Handicapped Workers. Insert the clause in 7-103.28.

7-607.25 Clean Air and Water. In accordance with 1-2302.2, insert the clause in 7-103.29.

7-607.26 Payment of Interest on Contractors' Claims. In accordance with 1-333, insert the clause in 7-104.82, substituting "Architect-Engineer's" for “Contractors' ” in the title of the clause, and substituting “Architect-Engineer" for “Contractor" in the body of the clause.

7-607.27 Suspension of Work. SUSPENSION OF WORK (1976 OCT)

(a) The Contracting Officer may order the Architect-Engineer in writing to suspend all or any part of the work for such period of time as he may determine to be appropriate for the convenience of the Government.

7-607.27
ARMED SERVICES PROCUREMENT REGULATION

7:340

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended or delayed by an act of the Contracting Officer in the administration of this contract, or by his failure to act within the time specified in this contract (or if no time is specified, within a reasonable time), an adjustment shall be made for any increase in cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension or delay, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension or delay to the extent (1) that performance would have been suspended or delayed by any other cause, including the fault or negligence of the Architect-Engineer or (2) for which an equitable adjustment is provided for or excluded under any other provision of this contract.

is clause shall be allowed (1) for any costs incurred more than twenty (20) days before the Architect-Engineer shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension or delay, but not later than the date of final payment. No part of any claim based on the provisions of this clause shall be allowed if not supported by adequate evidence showing that the cost would not have been incurred but for a delay within the provisions of this clause.

(End of clause)

7-608 Clauses To Be Used When Applicable for Fixed-Price Architect-Engineer Contracts.

7-608.1 Insurance. In accordance with 10-405, insert the clause in 7-603.10, substituting “Architect-Engineer" for "Contractor."

7-608.2 Management Systems Requirements. In accordance with 16-827.1, insert the clause in 7-104.50, substituting “Architect-Engineer" for “Contractor.”

7-608.3 Redesign Responsibility.

(a) Insert the following clause in all Architect-Engineer contracts except (i) those involving projects for which the Head of Procuring Activity or his designee determines that cost limitations are secondary to performance considerations and that additional funding can be expected if necessary, and (ii) those for the design of a standard structure which is not intended for a specific location site.

DESIGN WITHIN FUNDING LIMITATIONS (1971 APR)

(a) The Architect-Engineer shall accomplish the design services required under this contract so as to permit the award of a contract, pursuant to standard Department of Defense procedures, for the construction of the facilities designed at a price that does not exceed the estimated construction contract price set forth in this contract. When bids or proposals for the construction contract are received which exceed such estimated price, the Architect-Engineer shall perform such redesign and other services as are necessary to permit contract award within such funding limita. tion. These additional services shall be performed at no increase in the price of this contract. However, the Architect-Engineer shall not be required to perform such additional services at no cost to the Government if the unfavorable bids or proposals are the result of conditions beyond his reasonable control.

(b) The Architect-Engineer will promptly advise the Contracting Officer if he finds that the project being designed will exceed or is likely to exceed the funding limitations and he is unable to design a usable facility within these limitations. Upon receipt of such information, the Contracting Officer will review the Architect-Engineer's revised estimate of construction cost. The Contracting Officer may, if he determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth elsewhere

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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)

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 Architect-Engineer 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 Architect-Engineer agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or copyright laws. The Architect-Engineer 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 Architect-Engineer shall have the right to retain copies of all works beyond such period.

(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 considera. tion, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

(End of clause)

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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 duune)

7-607.11 Contract Work Hours and Safety Standards Act Overtime Compensation.

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME COMPENSA.
TION (1972 APR)

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 work week, 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 cumputed with respect to each individual laborer or mechanic

7-607.11

ARMED SERVICES PROCUREMENT REGULATION

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