CONTRACT CLAUSES (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 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. 11246 of September 24, 1965, as amended by Executive Order 11375 of October 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 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 11375 of October 13, 1967, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (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 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 (NOVEMBER 1974) (a) Estimates shall be made monthly of the amounts 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 certified 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 if 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 adquate 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. 7.607-14 CFR TITLE 41 CHAPTER 18 CLAUSES FOR CONSTRUCTION AND A-E CONTRACTS (d) 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. Prior to such final payment under the contract, or prior to settlement upon termination of the contract, and as a condition percedent 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. 7.607-15 Contracting Officer's Decisions. CONTRACTING OFFICER'S DECISIONS (NOVEMBER 1974) 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. 7.607-16 Subcontractors and Outside Associates and Consultants. SUBCONTRACTORS AND OUTSIDE ASSOCIATES AND CONSULTANTS 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. 7.607-17 Renegotiation. Insert the clause set forth in 7.103-13, substituting "Architect-Engineer" for "Contractor". 7.607-18 Payment of Interest on Contractors' Claims. Insert the clause set forth in 7.104-82, substituting "Architect-Engineers" for "Contractors" in the title of the clause, and substituting "Architect-Engineer" for "Contractor" in the body of the clause. 7.607-19 Interest. Insert the clause set forth in 7.103-53, substituting "Architet-Engineer" for "Contractor." 7.607-20 Composition of Architect-Engineer. COMPOSITION OF ARCHITECT-ENGINEER (NOVEMBER 1974) If the Architect-Engineer hereunder is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. 7.607-21 Pricing of Adjustments. Insert the clause set forth in 7.103-54. 7.607-22 Listing of Employment Openings. Insert the clause set forth in 12.1102-2, substituting "Architect-Engineer" for "Contractor." 7.607-23 Clean Air and Water. Insert the clause set forth in 1.2302-2. 7.608 Clauses To Be Used When Applicable for Fixed-Price Architect-Engineer Contracts. 7.608-1 [Reserved] 7.608-2 [Reserved] 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 the installation determines that cost limitations are secondary to performance considera NASA PROCUREMENT REGULATION 7.608-3 CONTRACT CLAUSES tions 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 (NOVEMBER 1974) (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 National Aeronautics and Space Administration 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 ArchitectEngineer 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 costruction 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 in the contract, or he may adjust such estimated construction contract price. When bids or proposals are not solicited or where thay 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. (b) Whenever the clause set forth in (a) above is included in a contract, the statement set out below 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 ArchitectEngineer 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. 7.608-4 CFR TITLE 41 CHAPTER 18 CLAUSES FOR CONSTRUCTION AND A-E CONTRACTS OPTION FOR SUPERVISION AND INSPECTION SERVICES (NOVEMBER 1974) 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. 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) where the design is to be performed outside the United States, its possessions, or Puerto Rico, or (2) where 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 (NOVEMBER 1974) 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. 7.608-7 [Reserved] 7.608-8 Security Requirements. In accordance with 7.104-12, insert the clause set forth therein, substituting "Architect-Engineer" for "Contractor." 7.608-9 Contractor and Subcontractor Certified Cost or Pricing Data.In accordance with 3.807-3, insert the clause set forth in 3.807-4, substituting "Architect-Engineer" for "Contractor." 7.608-10 [Reserved] 7.608-11 [Reserved] 7.608-12 Authorization and Consent. Insert the clause set forth in 9.102(b). 7.608-13 [Reserved] 7.608-14 New Technology. In accordance with 9.107-4, insert the clause set forth in 9.107-5, substituting "Architect-Engineer" for "Contractor." 7.608-15 Filing of Patent Applications. In accordance with 9.106, insert the clause set forth therein, substituting "Architect-Engineer" for "Contractor." 7.608-16 Alterations in Contract. In accordance with 7.105-1, insert the clause set forth therein. 7.608-17 Rights in Data. Where the proposed contract calls for either (i) experimental, developmental, or research work, (ii) supplies and materials, or (iii) both, in addition to architect-engineer work, the pertinent clause or clauses prescribed in 9.203 shall be included in the contract, in addition to the appropriate clause prescribed in 7.607-7. In such cases, the contract shall indicate clearly that the clause or clauses in 9.203 apply only to the experimental, developmental, or research work, or only to the supplies and materials being procured, or both, and that the appropriate clause prescribed in 7.607-7 applies only to the architect-engineer work. 7.608-18 Cost Accounting Standards. In accordance with 3.1204, insert the clause set forth in 7.104-55, substituting "Architect-Engineer" for "Contractor." NASA PROCUREMENT REGULATION 7.608-18 |