$9-7.603-50 Competition in subcontracting.

Insert the clause set forth in FPR 1-7.202-30 in negotiated contracts over $10,000, except in firm fixed-price contracts where award is on the basis of effective price competition or where prices are establish by law or regulation.

$9-7.603-51

Notice to the Government of labor disputes.

Insert the clause set forth in FPR 1-7.203-3 under the conditions prescribed therein.

$9-7.603-52 Additional technical data requirements.

Insert the clause set forth in §9-9.202-3(c) under the conditions contained in §9-9.202-3(b).

$9-7.603-53 Rights in technical data

long form.

Insert the clause set forth in $9-9.202-3(e)(2) under the conditions contained in §9-9.202-3(e)(1).

$9-7.603-54 Classification.

Insert the clause set forth in $9-7.103-50 under the conditions contained therein.

$9-7.603-55 Security.

Insert the clause in $9-7.103-53 under the conditions contained

therein.

$9-7.604 ERDA additional clauses.

This section provides ERDA clauses for use as needed.

$9-7.604-50 Priorities, allocations, and allotments.

Insert the clause in 9-7.104-50 under the conditions provided

therein.

$9-7.604-51

Nuclear hazards indemnity.

Insert the clauses set forth in $59-50.704-6, 9-50.704-7 and 9-50.704-8 where appropriate.

Subpart 9-7.7 Transportation Contracts

$9-7.700 Scope of subpart.

This subpart supplements FPR 1-7.7.

$9-7.703 ERDA required modifications and clauses.

$9-7.703-1 Definitions.

Insert the clause in FPR 1-7.103-3 as modified by $9-7.102-1.

$9-7.703-7

Examination of Records by Comptroller General.

Insert the clause in FPR 1-7.103-3 as modified by §9-7.103-3.

$9-7.703-51 Renegotiation.

Insert the clause set forth in §9-7.102-51 under the conditions prescribed therein.

$9-7.704 ERDA additional clauses.

This section provides ERDA clauses for use as needed.

Insert the clauses set forth in §§9-50.704-6, 9-50.704-7 and 9-50.704-8 where appropriate.

Subpart 9-7.8

Fixed-Price Architect-Engineer Contracts

$9-7.800 Scope of subpart.

This subpart sets forth contract clauses for use in fixed-price architect-engineer contracts.

$9-7.801 Applicability.

The clauses set forth in this subpart shall be used in fixedprice architect-engineer contracts.

$9-7.802 Required clauses.

The clauses set forth in this §9-7.802 shall be inserted, as required, in all fixed-price architect-engineer contracts.

$9-7.802-1 Definitions.

Insert the clause set forth in §9-7.102-1, and add paragraph (e) as follows:

(e) The term "contractor" as used herein means architectengineer. This term should be substituted in all of the clauses in which "contractor" appears. Additional definitions may be included provided they are not inconsistent with the clause or the provisions of these regulations.

$9-7.802-2 Responsibility of the architect-engineer.

RESPONSIBILITY OF THE ARCHITECT-ENGINEER

(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 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.

$9-7.802-3 Changes.

(a)

CHANGES

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 authorization of the contracting officer.

$9-7.802-4 Termination.

TERMINATION

(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 or 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.

(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 obligation, 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 prices 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.

$9-7.802-5 Disputes.

DISPUTES

(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. The decision of the head of the agency or designee 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 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.