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8 1-16.901-30

Standard Form 30, Amendment of Solicitation/Modification of Contract.

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.. THUS NOCK APPLIES ONLY TO AMENOMENTS OF SOLICITATIONS

the above numbered solicitation is emended os forth in black 12. The hour and dolo spocited for receipt of altero o in extended. D: is mol entended. O Merens must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation, womended, by one of the following methodo: lol by igning and returning copies of this amendment; (5) Dy schnowledging receipt of this amendment on toch copy of the after submined: (c) by reparate lanter telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACK OWLEDGMENT TO BE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR ANO DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. W. by virtue of this amendment you desire to change on eller already submitted, such change may be made by telegram

. laner, provided wch wlegram or baner mener rolerence to the solicitation and this amendment, and is received prior to the opening hour and dole specified. 10. ACCOUNTING AND APPROPRIATION DATA TV rrymined)

11. nus nocx APUES ONLY 10 MODIFICATIONS OF CONTRACTS/ONDERS los This Change Order is ioved pursuant to

The Changes sol forth in bloch 12 ore mode to the above numbered I O The obene numbered contract/order is modified to relect the ao This Supplemental Agreement is entered into pursuant to epth

modifies the above numbered contract a set forth in Me 12. DESCAPTION OF AMENDMENT/MOOVICATION

Much as changes in poging othee, oppropriation dato, ok.) wl lorth in black 12.

SPECIMEN

Encopt et provided herein, all forms and conditions of the document relorenced in blech 3, on horotetor chonged, come in unchanged and in hull force and effect.
13.
TO SIGN THIS DOCUMENT

CONTRACTOR/OFPEROR IS REQUIRED TO SION THIS DOCUMENT ANO RETURN COMES TO ISSUING OFFICE 14; NAME OF CONTRACTORI OFFERON

17, UNITED STATES OF AMERICA

NOT REQUIRED

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8 1-16.901-32 Standard Form 32: General Provisions (Supply Contract).

(a) Page 1 of Standard Form 32.

GENERAL PROVISIONS

(Supply Contract)

1. DEFINITIONS

As used throughout this contract, the following terms shall have the meaning set forth below: (a) The term "head of the agency" or "Secretary" as used

herein means the Secretary, the Under Secretary, any Assistant Secretary, or any other head or assistant head of the executive or military department or other Federal agency; and the term "his duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized to act for the head of the

agency or the Secretary. (b) The term "Contracting Officer" means the person executing

this contract on behalf of the Government, and any other officer or civilian employee who is a properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his

authority. (c) Except as otherwise provided in this contract, the term

"subcontracts" includes purchase orders under this contract.

2 CHANGES

The Contracting Officer may at any time, by a written order, and without notice to the sureties, make changes, within the genenl scope of this contract, in any one or more of the following: (1) Drawings, designs, or specifications, where the supplies to be furnished are to be specially manufactured for the Government in accordance therewith; (ii) method of shipment or packing; and (iii) place of delivery. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change: Provided, how'erer, That the Contracting Oficer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to Anal payment under this contract. Where the cost of property mado obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Contracting Offices shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

without limitation raw materials, components, intermediato assemblies, and end products) shall be subject to inspection and test by the Government, to the extent practicable at all times and places including the period of manufacture, and in any event prior to acceptance.

(b) In casc any supplies or lots of supplies are defective in material or workmanship or otherwise not in conformity with the requirements of this contract, the Government shall have the right either to reject them (with or without instructions as to their disposition) or to require their correction. Supplies or lots of supplies which have been rejected or required to be corrected shall be removed or, if permitted or required by the Contracting Officer, corrected in place by and at the expense of the Contractor promptly after notice, and shall not thereafter be tendered for acceptance unless the former rejection or requirement of correction is disclosed. If the Contractor fails promptly to remove such supplies or lots of supplies which are required to be removed, or promptly to replace or correct such supplies or lots of supplies, the Government either (i) may by contract or otherwise replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby, or (ii) may terminate this contract for default as provided in the clause of this contract entitled "Default." l'nless the Contractor corrects or replaces such supplies within the delivery schedule, the Contracting Officer may require the delivery of such supplies at a reduction in prico which is equitable under the circumstances. Failure to agree to such reduction of price shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes."

(c) If any inspection or test is made by the Government on the premises of the Contractor or a subcontractor, the Contractor without adiitional charge shall provide all reasonable facilities a:ud assistance for the safety and convenience of the Government inspectors in the performance of their duties. If Government inspeetwn or test is made at a point other than the premises of the contractor or a subcontractor, it shall be at the expense of the Government except as otherwise provided in this contract: Promel, That in case of rejection the Government shall not be liable for any reduction in value of samples used in connection With such inspection or test. All inspections and tests by the Comment shall be performed in such a manner as not to unduly stiliny the work. The Government reserves the right to charge to thie contri for any additional cost of Government inspection and priep when supplies are not ready at the time such inspection and toist in truested by the Contractor or when reinspection or retest is 1:"cessitated by prior rejection. Acceptance or rejection of the supplies shall be made as promptly as practicable after delivery, lepie as otherwise provided in this contract; but failure to inspect and accept or reject supplies shall neither relieve the Contracror from responsibility for such supplies as are not in scorilance with the contract requirements nor impose liability 01 the Ciovernment therefor.

a) T. inspection and test by the Government of any supplies 1: loes thero of does not relieve the Contractor from any responsi. bi!iti rigariling defects or other failures to meet the contract porquirrmants which may be discovered prior to acceptance. Except as otherwise provided in this contract, acceptance shall be conclusive except as regards latent defects, fraud, or such gross mistakes as amount to fraud.

le) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the supplies hereunder. Records of all inspection work by the Contractor shall be kept complete and available to the Government during

STANDARD, FORM 32 (Rev. 4-79) Prescribed by GSA, FPR (41 CFR) 1-16.401

3. EXTRAS

Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Officer. 4. VARIATION IN QUANTITY

No variation in the quantity of any item called for hy this contract will be accepted unless such variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified elsewhere in this contract.

5. INSPECTION

(a) All supplies (which term throughout this clause includes

1

(b) Page 2 of Standard Form 32.

the performance of this contract and for such longer period as may be specified elsewhere in this contract. 6. RESPONSIBILITY FOR SUPPLIES

Except as otherwise provided in this contract, (i) the Contractor shall be responsible for the supplies covered by this contract until they are delivered at the designated delivery point, regardless of the point of inspection; (ii) after delivery to the Government at the designated point and prior to acceptance by the Government or rejection and giving notice thereof by the Government, the Government shall be responsible for the loss or destruction of or damage to the supplies only if such loss, destruction, or damage results from the negligence of officers, agents, or employees of the Government acting within the scope of their employment; and (iii) the Contractor shall bear all risks as to rejected supplies after notice of rejection, except that the Government shall be responsible for the loss or destruction of, or damage to the supplies only if such loss, destruction or damage results from the gross negligence of officers, agents, or employees of the Government acting within the scope of their employment. 7. PAYMENTS

The Contractor shall be paid, upon the submission of proper invoices or vouchers, the prices stipulated herein for supplies delivered and accepted or services rendered and accepted, less deductions, if any, as herein provided. l'nless otherwise specified, payment will be made on partial deliveries accepted by the Gov. ernment when the amount due on such deliveries so warrants; or, when requested by the Contractor, payment for accepted partial deliveries shall be made whenever such payment would equal or exceed either $1,000 or 50 percent of the total amount of this contract.

8. ASSIGNMENT OF CLAIMS

(a) Pursuant to the provisions of the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if this contract provides for payments aggregating $1,000 or more, claims for moneys due or to become due the Contractor from the Government under this contract may be assigned to a bank, trust company, or other financing institution, including any Federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any such assignment or reassignment shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party, except that any such assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in such financing. Unless otherwise provided in this contract, payments to an assignee of any moneys due or to become due under this contract shall not, to the extent provided in said Act, as amended, be subject to reduction or setoft. (The preceding sentence applies only if this contract is made in tinic of war or national emergency as defined in said Act and is with the Department of Defense, the General Services Administration, the Energy Research and Development A Iministration, the National Aeronautics and Space Administration, the Federal Aviation Administration, or any other deparime:t or agency of the l'nited States designated by the President pursuant to Clause for thic proviso of section 1 of the Assignment of Claims Act of 1940, as amended by the Act of May 15, 1951, 63 Stat. 41.)

(b) In no event shall copies of this contract or of any plans, specifications, or other similar documents relating to work under this contract, if marked "Top Secre?," "Secret," or "Confidential," be furnished to any assignee of any claim arising under this contract or to any other person not entitled to receive the same. However, a copy of any part or all of this contract so marked may be furnished, or any information contained therein may be dis. closcil, to such assignce upon the prior written authorization of the Contracting Officer.

surety fails to fuolish reports as to his financial condition from time to time as requested by the Government, the Contractor shall promptly furnish such additional security as may be required from time to tir:: to protect the interests of the Government and of persons supplying labır or materials in the prosecution of the work contemplated by tiris contract. 10. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL

(a) This clause is applicable if the amount of this contract exceeds $10,000 and was entered into by means of negotiation, including small business restricted advertising, but is not appli. cable if this contract was entered into by means of formal advertising

(b) The Contractor agrees that the Comptroller General of the L'nited Siates or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under this contract or such lesser time specified in either Appendix M of the Armed Services Procurement Regulation or the Federal Procurenient Regulations Part 1-20, as appropriate, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract.

(c) The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontrac. tor agrees that the Comptroller General of the l'nited States or any of his duly authorized representatives shall, until the expin. tion of 3 years after final payment under the subcontract or such lesser time specified in either Appendix M of the Armed Services l'rocurement Regulation or the Federal Procurement Regulations Part 1-20, as appropriate, have access to and the right to examine any directly pertinent books, documents, papers, and records of surh subcontractor, involving transactions related to the subcontract. The term "subcontract" as used in this clause excludes (1) purchase orders not exceeding $10,000 and (2) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public.

(d) Thr periods of access and examination described in (b) and (c), above, for records which relate to (1) appeals under the "Disputes" clause of this contract, (2) litigation or the setilement of claims arising out of the performance of this contract, or (3) costs and expenses of this contract as to which ex. ception lias been taken by the Comptroller General or any of his duly authorized representatives, shall continue until such appeals, litigation, claims, or exceptions have been disposed of. 11. DEF ALLT

(a) The Government may, subject to the provisions of partgraph (c) below. by written notice of default to the Contractor, terminate the whole or any part of this contract in any one of the following circumstances:

(i) If the Contractor fails to make delivery of the supplies or in perform the services within the time specified herein or any extension thereof; or

(ii) If the Contractor fails to perform any of the other provisions of this contract, or so fails to make progress as to ondanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure $16h failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Omcer specifying such failure.

(b) In the event the Government terminates this contract in whole or in part as provided in paragraph (a) of this clause, the Government may procure, upon such terms and in such manner as the Contracting Officer may deem appropriate, supplies or Services similar to those so terminated, and the Contractor shall be liable to the Government for any excess costs for such similar supplies or services: Provided, that the Contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause.

(c) Except with respect to defaults of subcontractors, the

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(c) Page 3 of Standard Form 32.

Contractor shall not be liable for any excess costs is the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by the default of a subcontracor, and il such default arises out of causes beyond the control of bo! the Contractor and subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform, unless the supplic3 or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule.

(d) If this contract is terminated as provided in paragraph (a) of this clause, the Government, in addition to any other rights provided in this clause, may require the Contractor to transfer title and deliver to the Government, in the manner and to the extent directed by the Contracting Officer, (i) any completed supplies, and (ii) such partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (hereinafter called "manufacturing materials") as the Contractor has specifically produced or specifically acquired for the performance of such part of this contract as has been terminated; and the Contractor shall, upon direction of the Contracting Officer, protect and preserve property in possession of the Contractor in which the Government has an interest. Payment for completed supplies delivered to and accepted by the Government shall be at the contract price. Payment for manufacturing materials delivered 10 and accrpted by the Government and for the protection and preservation of property shall be in an amount agreed upon by the Contractor and Con. tracting Officer; failure to agree to such amount shall he a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." The Government may withhold from amounts otherwise due the Contractor for such completed supplies or manufacturing materials such sum as the Contracting Officer determines to be necessary to protect the Government against loss because of outstanding liens or claims of former lien holders.

(e) If. after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the parties shall, if the con. tract contains a clause providing for termination for convenience of the Government, be the same as if the notice of termination had been issurd pursuant to such clause. If, after notice of termi. nation of this contract under the provisions of this clauso, it is determined for any reason that the Contractor was not in default under the provisions of this clause, and if this contract does not contain a clause providing for termination for convenience of the Government, the contract shall be muitably adjusted to compen. sate for such termination and the contract modified accordingly: failure to agrip to any such adiusement shall be a dispute con. cerning a question of fact within the meaning of the clause of this contract entitled "Disputes."

(f) The rights and remedies of the Government provided in this clause shali not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(K) As used in paragraph (c) of this clause, the terms "sub. contractor" and "subcontractors" mean subcontractor(s) at any tier. 12. Disrules

(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 agreeonent shall be decided by the Contract

3

ing 0:20:-, who shell redu o his decision to writing and mail or oiineru..e !urnish a (py thereof to the Contractor. The decision of the contring Off::r shall be final and conclusive unless, witin ?0 ..., i front": dcte of receipt of such copy, the Con. tractor mails ir oh wise furnishes to the Contracting Officer a writer app..I adı!r sind to the Secretary. The decision of the Sicretary or his dily cuterized representative for the determi. m.iuch als shall be final and conclusive unless de United liya c::!! of competent jurisdiction to have been faudlui:t, or us, c: arbitrary, or so grossly erroneous 2.3 ?""C.-...ly to imply bad faith, or not supported by substantial CIRC". In conect.0!! wish any appcal proceeding under this ciace, the Contractor si:al! be afforded an opportunity to be hari ard :) c:for evidence in support of its appeal. Pending final dee sinn of a smule hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Ticer's decision.

(5) This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in para. grih () a bove: Prorided, That nothing in this contract shall be construed as making final the decision of any administrativo oficial, représenia:ive, or board on a question of law. 13. NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFR! XGEMENT The provisions of this clause shall be applicable only it the amount of this contract exceeds $10,000.

(a) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the Contractor has knowledge.

(b) In the event of any claim or suit against the Government on account of any alleged patent or copyright infringement arising out of the performance of this contract or out of the use of any supplies furnished or work or services performed here under, the Contractor shall furnish to the Government, when requested by the Contracting Officer, all evidence and information in possession of the Contractor pertaining to such suit or claim. Such evidence and information shall be furnished at the expense of the Government except where the Contractor has agreed to indemnify the Government.

use; and

14. BIY AMERICAN ACT

(a) In acquiring end products, the Buy American Act (41 U.S. Code 10 a-d) provides that the Government give preference to domestic source end products. For the purpose of this clause:

(i) "Components" means those articles, materials, and supplirs, which are directly incorporated in the end products;

(ii) "End products" means those articles, materials, and supplies, which are to be acquired under this contract for public

(ii) A "domestic source end product" means (A) an unmanufactured and product which has been mined or produced in the limited States and (B) an end product manufactured in the l'riited States if the cost of the components thereof which are mineel. produced, or manufactured in the l'nited States excerds ill percent of the cost of all its components. For the purposes of this (a)(iii) (B), components of foreign origin of the same type or kind as the products referred to in (b) (ii) or (iii) of this clause shall be treated as components mined, proluce, or manufactured in the l'nited States.

ibi Th. Contractor agrees that there will be delivered under this contract only domestic source end products, except end products:

(i) Which are for use outside the l'nited States;

(11) Which the Government determines are not mined, produced, or manufactured in the l'nited States in sufficient and reasonably available commercial quantities and of a satisfactory quality:

(iii) As to which the Secretary determines the domestic preference to be inconsistent with the public interest; or

STANDARD FORM 32 (Rev. -79

90-135 0-82--16

(d) Page 4 of Standard Form 32.

interpretations of the Secretary of Labor which are now Or may hereafter be in effect.

18. EQUAL OPPORTUNITY

(The following clause is applicable unless this contract is er empt under the rules, regulations, and relevant orders of the Secretary of Labor (41 CFR, ch. 60).)

During the performance of this contract, the Contractor agrees as follows:

(a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this Equal Oppor tunity clause.

(b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for amployment without regard to race, color, religion, sex, or national origin.

(c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agree ment or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the labor union or workers' representative of the Contractor'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 Contractor will comply with all provisions of Execu. tive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11373 of October 13, 1967, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(e) The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 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 boo: 3, 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 Contractor's noncompliance with the Equal Opportunity clause of this contract or with any of the said rules, regulations, or orders, this contract mav be canceled. terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 112 16 of September 24, 1965, as amended by Executive Order No. 11371 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 No. 11371 of October 13, 1967, or by rule, regulation, or order of the Secretary of Labor, or as othervise provided by law.

(g) The Contractor 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. 112-16 of September 24, 1965, as amended by Executive Order No. 11:75 of October 13, 1967, so that such provisions will be binding upon each subcontractor or vendor. The Contractor 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 Contractor becomes involved in,

(lv) As to which the Secretary determines the cost to the Government to be unreasonable.

(The foregoing requirements are administered in accordance with Executive Order No. 10582, dated December 17, 1954.) 15. 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 except as provided by Public Law 89–176, September 10, 1965 (18 U.S.C. 4082(c) (2)) and Executive Order 11755, December 29, 1973. 16. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

OVERTIME COMPENSATION This contract, to the extent that it is of a character specified in the Contract Work Hours and Safety Standards Act (40 L'.S.C. 327-333), is subject to the following provisions and to all other applicable provisions and exceptions of such Act and the regulations of the Secretary of Labor thereunder.

(a) Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, apprentices, trainees, watchmen, and guards shall require or permit any laborer, mechanic, apprentice, trainee, watchman, or guard in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek on work subject to the provisions of the Contract Work Hours and Safety Standards Act unless such laborer, mechanic, apprentice, trainee, watchman, or guard receives compensation at a rate not less than one and one-half tirnes his basic rate of pay for all such hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is the greater number of overtime hours.

(b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions of paragraph (a), the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, apprentice, trainee, watchman, or guard employed in violation of the provisions of paragraph (a) in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of cight hours or in excess of his standard workweek of forty hours without pay. ment of the overtime wages required by paragraph (a).

(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer may withhold from the Government Prime Contractor, from any money's payable on account of work pos. formed by the Contractor or suboontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions of paragraph (b).

(d) Subcontracts. The Contractor shall insert paragraphs (7) through (d) of this clause in all subcontracts, and shall require their inclusion in all subcontracts of any tier.

(e) Records. The Contractor shall maintain payroll rreoriis containing the information specified in 29 CFR 516.2(a). Such records shall be preserved for three years from the completion of the contract.

17. WALSH-HEALEY PUBLIC CONTRACTS Act

If this contract is for the manufacture or furnishing of materials, supplies, articles, or equipment in an amount which exceeds or may exceed $10,000 and is otherwise subject to the Walsh-Healey Public Contracts Act, as amended (41 L'.S. Corle 35-45), there are hereby incorporated by reference all representations and stipulations required by said Act and regulations issued thereunder by the Secretary of Labor, such representations and stipulations being subject to all applicable rulings and

STANDARD FORM 32 (Rev. 4-75)

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