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(i) Costs of canceling an unexpired lease under this subparagraph (3) shall not exceed three times the monthly rental.

(d) The following types of relocation expenses are allowable but the combined total of costs covered in subparagraphs (1) and (2) of this paragraph shall not exceed 8 percent of the sales price of the property sold:

(1). Closing costs (i.e., brokerage fees, legal fees, appraisal fees, etc.) incident to the sale of the actual residence owned at old location by the employee when notified of the transfer;

(2) Continuing costs of ownership of the vacant former actual residence being sold, such as maintenance of building and grounds (exclusive of fixing-up expenses), utilities, taxes, property insurance, etc., after settlement date or lease date of new permanent residence.

(e) Relocation costs incurred incident to recruitment of new employees are subject to this $9-15.5010-20 except that expenses of the type covered in paragraphs (c)(3) and (d)(1) and (2) of this section are allowable only in connection with the relocation of existing employees and are not allowable for newly recruited employees. Where relocation costs incurred incident to recruitment of a new employee have been allowed either as an allowable direct or indirect cost and the newly hired employee resigns for reasons within his control within 12 months after hire, the contractor shall be required to refund or credit such relocation costs to the Government.

(f) Relocation costs of the following types are unallowable whether incurred by the employee or by the employer:

(1) Loss on sale of home;

(2) Acquisition of a home in a new location (i.e., brokerage fees, legal fees, appraisal fees, etc.);

(3) Continuing mortgage principal and interest payments on residence being sold;

(4) Payments for employee income taxes incident to reimbursed relocation costs.

PART 9-16

PROCUREMENT FORMS

Sec.
9-16.000
9-16.050
9-16.051

Scope of part.
General policy.
Deviations.

Subpart 9-16.4 Forms for Advertised Construction Contracts

9-16.400
9-16.404
9-16.404-50
9-16.4

4-5
9-16.404-52

Scope of subpart.
Terms, conditions, and provisions.
ERDA additions to Standard Form 19.
ERDA additions to Standard Form 20.
ERDA additions to Standard Form 23A.

Subpart 9-16.7 Forms for Negotiated Architect-Engineer Contracts

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9-16.5000
9-16.5001
9-16.5002
9-16.5002-1
9-16.5002-2

Scope of subpart.
Applicability.
Contract outlines.
Special Research Support Agreement (SRSA)
Outline of agreement for rental of contractor-owned

construction equipment.
Outline of agreement for rental of third party-owned

construction equipment.
Outline of inspection report of equipment.

9-16.5002-3

9-16.5002-4

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This part implements FPR Part 1-16 which prescribes the standard forms for use in connection with the procurement of supplies, nonpersonal services, and construction and supplements FPR Part 1-16 by prescribing certain ERDA additions to the standard forms which are used for such procurements, and by setting forth ERDA outlines for various categories of agreements.

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It is the policy of ERDA to use standard forms prescribed by Part 1-16 wherever practicable. Uniformity in form and substance tends to insure impartial treatment of all contractors, expedites negotiation and contract review, and facilitates contract administration.

$9-16.051 Deviations.

Deviations in the standard forms set forth in FPR Part 1-16 shall be made only in accordance with FPR $1-1.009 and $9-1.009. Deviations from the outlines in Subpart 9-16.50 may be made if necessary in individual cases after review by counsel.

Subpart 9-16.4

Forms for Advertised Construction Contracts.

99-16.400

Scope of subpart.

This subpart prescribes the ERDA additions to standard forms prescribed by FPR Subpart 1-16.4 for use in procuring construction by formal advertising.

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The deletion of the words in clause 5 of Standard Form 23A authorized by FPR 1-16.404(e) shall not be made without the prior approval of the ERDA senior procurement official, Headquarters.

$9-16.404-50 ERDA additions to Standard Form 19.

(a) Although certain additions to Standard Form 19 are authorized by this section, employing them tends to defeat the purpose of the short form, and careful consideration should be given to the need for any addition before it is included.

(b) The following clauses may be added to Standard Form 19 when applicable:

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The wage rates set forth are the minimum rates which may be paid to the classifications of laborers and mechanics designated therein pursuant to the Davis-Bacon Act (Act of March 3, 1931, as amended; 40 U.S.C. 276a et seq.). ERDA does not represent that said minimum wage rates do now, nor that they will at any time in the future, prevail in the locality of the work for such laborers or mechanics; nor that such mechanics or laborers are or will be obtainable at said rates for work under this contract; nor that said rates represent the most recent wage determination by the Secretary of Labor with respect to such classifications of laborers or mechanics in the locality of the work.

$9-16.404-51 ERDA additions to Standard Form 20.

The following additions shall be made to Standard Form 20:

Wage determination. The wage rates set forth are the minimum rates which may be paid to the classifications of laborers and mechanics designated therein pursuant to the Davis-Bacon Act (Act of March 3, 1931, as amended; 40 U.S.C. 276a et seq.). ERDA does not represent that said minimum rates do now, nor that they will at any time in the future prevail in the locality of the work for such laborers or mechanics; nor that such mechanics or laborers are or will be obtainable at said rates for work under this contract; nor that said rates represent the most recent wage determination by the Secretary of Labor with respect to such classifications of laborers or mechanics in the locality of the work.

$9-16.404-52 ERDA additions to Standard Form 23A.

The ERDA clauses to be added to the Standard Form 23A are prescribed in Subpart 9-7.6.

Subpart 9-16.7 Forms for Negotiated Architect-Engineer Contracts

$9-16.700 Scope of subpart.

This subpart describes the administrative terms and additional provisions to be added to Standard Form 252.

$9-16.701-50 Forms prescribed.

The standard forms prescribed by 1-16.7 shall be used to procure

architect-engineer services under negotiated fixed-price contracts except as provided in this section. The following additional terms shall be included in the Standard Form 252, Item 6:

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NOTE: As full a description as is feas ible should be inserted. If the architect-engineer services are to be furnished for a construction project, describe the facilities involved, including any auxiliary facilities that may be required.

(b) Statement of architect-engineer services. The contractor shall, within the shortest reasonable time, furnish for the construction project the architect-engineer services described below, subject to such further detailed requirements as may be appended to this contract by agreement of the parties.

NOTE A: This form of contract provides for completion of the architect-engineer services "within the shortest reasonable time". The form may be modified to provide for completion of separable parts of the work at different times.

NOTE B: When title I, II, or III services are to be furnished, the following language may be used to describe such services. Modifications in the text of the language may be made to onit inappropriate items or, where necessary, to meet particular circumstances.

Title I-Preliminary Services

(1) Conduct or arrange for, by subcontract or otherwise as approved by the contracting officer, and supervise all necessary topographical and other filed surveys, the preparation of maps, and necessary test borings and other surface investigations.

(2) Consult and collaborate with ERDA to determine the requirements which will govern the design of the project and to establish architectural and engineering criteria for such design.

(3) Conduct preliminary studies, and prepare preliminary sketches, drawings, layout plans, outline specifications and reports showing features and characteristics of the design proposed to meet ERDA's requirements. If more than three studies, including sketches, drawings, plans, outline specifications, or documents are required because of changes initiated by ERDA, an equitable adjustment in the lump-sum compensation will be made in accordance with provisions of the changes article.

(4) The drawings, plans, and outline specifications and

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