7:338 CONTRACT CLAUSES AND SOLICITATION PROVISIONS 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 Execu tive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of Oc- | (g) 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. 7-607.14 Method of Payment. METHOD OF PAYMENT (1976 OCT) (End of clause) (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 80 28 7:339 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 con tract. (c) No claim under this 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 limitation. 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 7-608.3 ARMED SERVICES PROCUREMENT REGULATION 7:341 CONTRACT CLAUSES AND SOLICITATION PROVISIONS in the contract, or he may adjust such estimated construction contract price. When bids or proposals are not solicited or where they are unreasonably delayed, the Government shall prepare an estimate of constructing the design submitted and such estimate will be used in lieu of bids or proposals to determine compliance with the funding limitation. (End of clause) (b) Whenever the clause set forth in (a) above is included in a contract, the following statement shall be inserted in the description of the work to be performed by the Architect-Engineer. The estimated construction contract price for the project described herein is $. The figure to be inserted in this statement is to be established at the beginning of contract negotiations by agreement between the Architect-Engineer and the Government. Such estimated construction contract price shall take into account any statutory or other limitations and exclude any allowances for Government supervision and overhead and any amounts set aside by the Government for contingencies. In negotiating the figure to be inserted, the Contracting Officer should make available to the Architect-Engineer the information upon which the Government has based its initial estimate and any subsequently acquired information which may affect the construction cost. 7-608.4 Reserved. 7-608.5 Option for Supervision and Inspection Services. The following clause may be included in any fixed-price architect-engineer contract if supervision and inspection services by the architect-engineer during construction are contemplated. The details of such services must be set out in Appendix A of the contract. OPTION FOR SUPERVISION AND INSPECTION SERVICES (1972 APR) At any time prior to six (6) months after satisfactory completion and acceptance of the work to be furnished hereunder, the Government at its option, may direct, by a written order, the Architect-Engineer to perform any part or all of the supervision and inspection services provided under Appendix A. Upon receipt of such direction, the Architect-Engineer shall proceed with such work and services. (End of clause) 7-608.6 Requirements for Registration of Designers. The following clause shall be inserted in fixed-price architect-engineer contracts, except that it may be omitted from any contract (1) when the design is to be performed outside the United States, its possessions, or Puerto Rico, or (2) when the design is to be performed in a State or possession which does not have registration requirements for the particular field involved: REQUIREMENTS FOR REGISTRATION OF DESIGNERS (1972 APR) The design of architectural, structural, mechanical, electrical, civil or other engineering features of the work shall be accomplished or reviewed and approved by architects or engineers registered to practice in the particular professional field involved in a State or possession of the United States, in Puerto Rico, or in the District of Columbia. (End of clause) 7-608.7 Accident Prevention. Insert the clause in 7-602.42, except in contracts where no field work is involved, substituting "Architect-Engineer" for "Contractor." 7-608.7 ARMED SERVICES PROCUREMENT REGULATION 7:342 CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-608.8 Military Security Requirements. In accordance with 7-104.12, insert the clause therein, substituting “Architect-Engineer" for "Contractor." 7-608.9 Price Reduction for Defective Cost or Pricing Data. In accordance with 7-104.29(a), insert the clause therein, substituting "Architect-Engineer" for "Contractor." 7-608.10 Subcontractor Cost or Pricing Data. In accordance with 7-104.42(a), insert the clause therein, substituting "Architect-Engineer" for "Contractor." 7-608.11 Identification of Expenditures in the United States. In accordance with Section VI, Part 8, insert the clause in 7-104.58, substituting "Architect-Engineer" for "Contractor." 7-608.12 Authorization and Consent. In accordance with 18-902.1 and 18-902.2, insert the appropriate clause in 7-103.22 or 7-302.21, substituting "Architect-Engineer" for "Contractor." 7-608.13 Notice and Approval of Restricted Designs. In accordance with 18-905, insert the following clause. NOTICE AND APPROVAL OF RESTRICTED DESIGNS (1972 APR) In the performance of this contract, the Architect-Engineer shall, to the extent practicable, make maximum use of structures, machines, products, materials, construction methods, and equipment which are readily available through Government or competitive commercial channels, or through standard or proven production techniques, methods, and processes. Unless approved by the Contracting Officer the Architect-Engineer shall not, in the performance of the work called for by this contract, produce a design or specification such as to require in this construction work the use of structures, products, materials, construction equipment, or processes which are known by the Architect-Engineer to be available only from a sole source. As to any such design or specification the Architect-Engineer shall report to the Contracting Officer giving the reason or reasons why it is considered necessary to so restrict the design or specification. (End of clause) 7-608.14 Patent Rights. In accordance with 9-107 and 18-908(a), insert the appropriate clause in substituting "Architect-Engineer" for "Contractor." 7-302.23, 7-608.15 Filing of Patent Applications. In accordance with 9-106, insert the clause in 7-104.6 in every classified contract which covers or is likely to cover classified subject matter, substituting "Architect-Engineer" for "Contractor." 7-608.16 Alterations. In accordance with 7-604.1, insert the clause therein. 7-608.17 Rights in Data. In accordance with 18-910.2 and 18-910.3, insert the appropriate clause, or clauses, in 7-104.9, substituting "Architect-Engineer" for "Contractor." 7-608.18 Cost Accounting Standards. In accordance with 3-1204, insert the clauses in 7-104.83, substituting "Architect-Engineer" for "Contractor." 7-608.19 Privacy Act. In accordance with 1-327.1, insert the clause in 7-104.96. 7-608.20 Preference for Domestic Specialty Metals. In accordance with 7-104.93, insert the applicable clause therein. 7-608.21 Utilization of Small Business Concerns. In accordance with 1-707.3(a), insert the clause in 7-104.14(a). 7–608.22 Utilization of Minority Business Enterprises. In accordance with 7-104.36(a), insert the clause therein. 7-608.23 Exclusionary Policies and Practices of Foreign Governments. In accordance with 6-1312, insert the clause in 7-104.97. 7-608.23 ARMED SERVICES PROCUREMENT REGULATION |