(b) Page 2 of Standard Form 19.

1. CHANGES AND CHANGED CONDITIONS

(a) The Contracting Officer may, in writing, order changes in the drawings and specifications within the general scope of the contract. (b) The Contractor shall promptly notify the Contracting Officer in writing of subsurface or latent physical conditions differing materially from those indicated in this contract or unknown unusual physical conditions at the site, before proceeding further with the work. (c) It changes under (a) or conditions under (b) increase or decrease the cost of, or time required for, performing the work, upon assertion of a claim by the Contractor before final payment under the contract, a written equitable adjustment shall be made; except that no adjust. ment under (b) shall be made unless the notice required therein was given or unless the Contracting Officer waives the requirement there. for. If the adjustment cannot be agreed upon, the dispute shall be decided pursuant to Clause 3.

2. TERMINATION FOR DEFAULT-DAMAGES FOR DELAY

TIME EXTENSIONS

(a) If the Contractor does not prosecute the work so as to insure completion, or fails to complete it, within the time specified, the Government may, by written notice to the Contractor, terminate his right to proceed. Thereafter, the Government may have the work completed and the Contractor shall be liable for any resulting excess cost to the Government. If the Government does not terminate the Contractor's right to proceed, he shall continue the work and shall be liable to the Government for any actual damages occasioned by such delay unless liquidated damages are stipulated.

(b) The Contractor's right to proceed shall not be terminated nor the Contractor charged with actual or liquidated damages under (a) above because of any delays in completion of the work due to causes other than normal weather, beyond his control and without his fault or negligence, including but not restricted to, acts of God, acts of the public enemy, acts of the Government (in either its sovereign or con. tractual capacity), acts of another contractor in the performance of a contract with the Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, or delays of subcontractors or suppliers due to causes beyond their control and without their fault or negligence: Provided. That the Contractor shall within 10 days from the beginning of any such de lay, unless the Contracting Officer shall grant a further period of time prior to the date of final payment under the contract, notify the Contracting Officer in writing of the causes of delay and the facts relating thereto. The Contracting Officer shall consider the facts and ascertain the extent of the delay, and extend the time for completing the work when in his judgment the facts justify such an extension, and his decision shall be final and conclusive on the parties, subject only to appeal as provided in Clause 3.

(c) As used in paragraph (b) of this clause, the term "subcontractors or suppliers" means subcontractors or suppliers at any tier.

9. DISPUTES

7. OFFICIALS NOT TO BENEFIT

No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any bene. fit 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.

8. BUY AMERICAN.

The Contractor, subcontractors, material men, and suppliers must comply with the Buy American Act of March 3, 1933 (41 U.S.C. 10a-103) and Executive Order 10582 of December 17, 1954 (19 Fed. Reg. 8723). (In substance the above require use generally of domestic materials except as otherwise authorized by the Contracting Officer pursuant to the Act and Executive Order.)

9. ASSIGNMENT OF CLAIMS

If this contract provides for payments aggregating $1,000 or more, claims for moneys due or to become due hereunder may be assigned as provided in 31 U.S.C. 203 and 41 U.S.C. 15.

10. CONVICT LABOR

In connection with the performance of work under this contract, the Contractor agrees not to employ any person undergoing sentence of imprisonment at hard labor.

11. COVENANT AGAINST CONTINGENT FEES

The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agree· ment or understanding for a commission, percentage, brokerage, or con. tingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor 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 con. sideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

12. PAYMENT OF INTEREST ON CONTRACTORS' CLAIMS (a) If an appeal is filed by the contractor from a final decision of the Contracting Officer under the Disputes clause of this contract, denying a claim arising under the contract, simple interest on the amount of the claim finally determined owed by the Government shall be pay able to the Contractor Such interest shall be at the rate determined by the Secretary The Teasury pursuant to Public Law 92-41, 85 Stat. 97, from the date the Contractor furnishes to the Contracting Officer his cte appeal nder the Disputes clause of this contract, to the date of a pal judgment by a court of competent jurisdic tion. (2) ming Contractor of a supplemental agreement for Execution with confrming completed negotiations between the are or carro decision of a board of contract appeals. Narwithstanding (a), above, (1) interest shall be applied only from the date payment was due, if such date is later than the filing of pep (2) interest shall not be paid for any period of time' the Contracting Officer determines the Contractor has unduly yed in pursuing his remedies before a board of contract appeals or coft of competent jurisdiction.

Any dispute concerning a question of fact arising under this contract, not disposed of by agreement, shall be decided by the Contracting Officer, who shall reduce his decision to writing and furnish a signed copy to the Contractor. Such decision shall be final and conclusive unless, within 30 days from the date of receipt thereof, the Contractor mails or otherwise furnishes to the Contracting Officer ari appeal, addressed to the head of the Federal agency. The C shall be afforded an opportunity to be heard and to offer vite. The decision of the head of the Federal agency or his authorized Terk sentative shall be final and conclusive unless fraudulent, or cap or arbitrary, or so grossly erroneous as necessarily to imply badait or not supported by substantial evidence. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision.

4. RESPONSIBILITY OF CONTRACTOR

At his own expense the Contractor shall: (a) obtain any necessary licenses and permits; (b) provide competent superintendence; (c) take precautions necessary to protect persons or property against injury or damage and be responsible for any such injury or damage that occurs as a result of his fault or negligence; (d) perform the work without unnecessarily interfering with other contractors' work or Government activities; (e) be responsible for all damage to work performed and materials delivered (including Government-furnished items), until completion and final acceptance.

5. MATERIAL AND WORKMANSHIP

All material incorporated in the work shall be new and the work shall be performed in a skillful and workmanlike manner. Both materials and workmanship shall be subject to the inspection of the Contracting Officer or his duly authorized representative who may require the Contractor to correct defective workmanship or materials without cost to the Government.

6. PAYMENTS TO CONTRACTOR

Progress payments equal to 90 percent of the value of work performed may be made monthly on estimates approved by the Contracting Officer. Upon payment therefor, title to the property shall vest in the Government. The Contractor will notify the Government when all work is complete. Final payment will be made after final acceptance.

EXAMINATION OF RECORDS BY COMPTROLLER
GENERAL

The clause entitled "Examination of Records by Comptroller General" prescribed by 41 CFR Subpart 1-7.1 is applicable if the amount of this contract exceeds $2,500 and was entered into by means of negotiation, including small business restricted advertising, but is not applicable if this contract was entered into by means of formal advertising.

14. UTILIZATION OF SMALL BUSINESS CONCERNS (The following clause is applicable if this contract exceeds $3.000.) (a) It is the policy of the Government as declared by the Congress that a fair proportion of the purchases and contracts for supplies and services for the Government be placed with small business concerns. (b) The Contractor agrees to accomplish the maximum amount of subcontracting to small business concerns that the Contractor finds to be consistent with the efficient performance of this contract.

15. UTILIZATION OF MINORITY BUSINESS ENTERPRISES (The following clause is applicable if this contract exceeds $5,000.) (a) It is the policy of the Government that minority business enter. prises shall have the maximum practicable opportunity to participate in the performance of Government contracts.

(b) The Contractor agrees to use his best efforts to carry out this policy in the award of his subcontracts to the fullest extent consistent with the efficient performance of this contract. As used in this con. tract, the term "minority business enterprise" means a business, at least 50 percent of which is owned by minority group members or, in case of publicly owned businesses, at least 51 percent of the stock of which is owned by minority group members. For the purposes of this definition, minority group members are Negroes. Spanish-speaking American persons, American-Orientals, American-Indians, American. Eskimos, and American Aleuts. Contractors may rely on written repre sentations by subcontractors regarding their status as minority business enterprises in lieu of an independent investigation.

STANDARD FORM 19 (Rev. 7-73)(Back)

139 FR 11268, Mar. 27, 1974]

33-134 0-84--14

§ 1-16.901-19-A

(a) Page 1 of Standard Form 19-A.

1. DAVIS-BACON ACT (40 US.C. 276-276-7)

(a) All mechanics and laborers employed or working directly upon the site of the work shall be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Copeland Regulations, 29 CFR Part 3), the full amounts due at time of payment computed at wage rates not less than the aggregate of the basic hourly rates and the rates of pay. ments, contributions, or costs for any fringe benefits contained in the wage determination decision of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor or subcontractor and such laborers and mechanics. A copy of such wage determination decision shall be kept posted by the Contractor at the site of the work in a prominent place where it can be easily seen by the workers. The term "mechanics and laborers" shall be deemed to include apprentices and trainees not covered by an approved program as provided by the Apprentices and Trainees clause of this contract.

(b) The Contractor may discharge his obligation under this clause to workers in any classification for which the wage deter mination decision contains:

(1) Only a basic hourly rate of pay, by making payment at not less than such basic hourly rate, except as otherwise provided in the Copeland Regulations (29 CFR Part 3); or

(2) Both a basic hourly rate of pay and fringe benefits pay. ments, by making payment in cash, by irrevocably making contributions pursuant to a fund, plan, or program for, and/or by assuming an enforceable commitment to bear the cost of, bona fde fringe benefits contemplated by the Davis Bacon Act, or any combination thereof. Contributions made, or costs on other than a weekly basis shall be considered as having xructively made or assumed during a weekly period that they apply to such period. Where a fringe

in a wage dete

rate and alternative payrolls

to make the

beneft is equa

In any case

different from any

shall similarly show

nation in any manner othe

pays a cash equival

neft, he shall furnish

arriv

determined

or to

therefor. In the event of disagreement between interested parties as to an equivalent of any fringe Contracting Officer shall submit the question, togethe recommendation, to the Secretary of Labor for final deters

(c) The assumption of an enforceable commitment to cost of fringe benefits, or the provision of any fringe expressly listed in section 1(b)(2) of the Davis-Bacon Act or the wage determination decision forming a part of the contract, may be considered as payment of wages only with the approval of the Secretary of Labor pursuant to a written request by the Contractor. The Secretary of Labor may require the Contractor to set aside assets, in a separate account, to meet his obligations under any unfunded plan or program.

the action

of

(d) The Contracting Officer shall require that any laborers or mechanics, including apprentices and trainees, is not listed in the wage determination decision and which be employed under the contract shall be classified or rect conformably to determination decision, and shall Secretary of Labor. If the interested parties cannot agree on proper classification or reclassification of a particular class of laborers or mechanics, including apprentices and trainees to be used, the Contracting Officer shall submit the question, together with his recommendation, to the Secretary of Labor for anal determination. Apprentices and trainees may be added under this clause only where they are employed pursuant an apprenticeship or trainee program meeting the requirements Apprentices and Trainees clause below.

(e) In the event it is found by the Contracting Officer that any laborer or mechanic, including apprentices and trainees, employed the Contractor or any subcontractor directly on the site of the

work covered by this contract has been or is being paid at a rate of wages less than the rate of wages required by paragraph (2) of this clause, or by the Apprentices and Trainees clause of this contract, the Contracting Oncer may (1) by written notice to the Government Prime Contractor terminate his right to proceed with the work, or such part of the work as to which there has been a failure to pay said required wages, and (2) prosecute the work to completion by contract or otherwise, whereupon such Contractor and his sureties shall be liable to the Government for any excess costs occasioned the Government thereby.

(f) Paragraphs (a) through (e) of the clause shall apply to this contract to the extent that it is (1) a prime contract with the Government subject to the Davis-Bacon Act, or (2) a subcontract also subject to the Davis-Bacon Act under such prime contract.

2. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME COMPENSATION (40 U.S.C 327-333).

This contract is subject to the Contract Work Hours and Salary Standards Act and so she applicable rules, regulations, and interpretations of the Secretary of Labor.

(4) The Contractor shall not require or permit any laborer or mechanic, including apprentices, trainees, watchenen, and guards, in any which he is employed on any work under this ess of 8 hours in any calendar day or in

contract

workweek on work subject to the proWork Hours and Safety Standards Act echanic, including apprentices, trainees, receives compensation at a rate not less rate of pay for all such hours worked calendar day or in excess of 40 hours is the greater number of overtime as used in this clause, shall be xclusive of the Contractor's contribu and any cash payment made in fringe benefits, or the basic hourly rate conage determination, whichever is greater. (b) In the event of any violation of the provisions of pars. graph (a), the Contractor shall be liable to any affected employee any amounts due, and to the United States for liquidated lamages. Such liquidated damages shall be computed with respect ach individual laborer or mechanic, including an apprentice,

lined in the

watchman, or guard, employed in violation of the proof paragraph (1) in the sum of $10 for each calendar day which such employee was required or permitted to be em yed on such work in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages required by paragraph (a).

3. APPRENTICES AND TRAINEES

(4) Apprentices shall be permitted to work at less than the predetermined rate for the work they performed (1) when are employed and individually registered in a bona fide appren ticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recog nised by the Bureau, or (2) if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the ogram, but who has been certified by the Bureau of Apprenticeship and Training or State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in paragraph (5) of this clause or who is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually per formed. The Contractor or subcontractor shall furnish to the Contracting Officer written evidence of the registration of his

19-209

STANDARD FORM 19-A (Rev. 1–79) Prescribed by QSA, FPR (41 CFR) 1–16.401