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(b) Page 2 of Standard Form 253.

vertising, but is not applicable if this contract was entered into by means of formal advertising.

(b) The Architect-Engineer agrees that the Comptroller General of the United States 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 Procurement Regulations Part 1-20, as appropriate, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Architect-Engineer involving transactions related to this contract.

(c) The Architect-Engineer further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under the subcontract or such lesser time specified in either Appendix M of the Armed Services Procurement 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 such 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) The 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 settlement of claims arising out of the performance of this contract, or (3) costs and expenses of this contract as to which exception has been taken by the Comp troller General or any of his duly authorized representatives, shall continue until such appeals, litigation, claims, or exceptions have been disposed of.

9. COVENANT AGAINST CONTINGENT FEES

The Architect-Engineer warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the ArchitectEngineer 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 consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

10. OFFICIALS NOT TO BENEFIT

tratively be determined to be necessary to satisfy any liabilities of such ArchitectEngineer or subcontractor for unpaid wages and iquidated damages as provided in the provisions of paragraph (b)

(d) Subcontracts. The Architect Engineer shall insert paragraphs (a) through of this clause and the preamble in all subcontracts, and shall require their inclusion in all subcontracts of any ter.

(e) Records. The Architect Engineer shall maintain payroll records containing the information specified in 29 CFR 516.2(a). Such records shall be preserved for 3 years from the completion of the contract.

12. CONVICT LABOR

In connection with the performance of work under this contract, the ArchitectEngineer agrees not to employ any person undergoing sentence of imprisonment, except as provided by Public Law 89-176, September 10, 1955 (18 USC. 4062(2)) and Executive Order 11755, December 29, 1973.

13. EQUAL OPPORTUNITY CLAUSE

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

During the performance of this contract, the Architect-Engineer agrees as follows: (a) The Architect-Engineer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The ArchitectEngineer 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 Architect-Engineer agrees to post in conspicuous places, available idees and applicants for er ployment, notices to be provided

by the Contract Officer setting forth the provisions of this Equal Opportunity clause in all solicitations or advertisements for emp vers chitect-Engineer, state that all qualified applicants will employment without regard to race, color, religion, sex, or

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No member of or delegate to Congress, or resident commissioner, sh beade to any share or part of this contract, or to any benefit that may arise the this provision shall not be construed to extend to this contract

tion for its general benefit.

11. 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 U.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 Architect-Engineer 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 8 hours in any calendar day or in excess of 40 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 times his basic rate of pay for all such hours worked in excess of 8 hours in any calendar day or in excess of 40 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 Architect-Engineer and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Architect Engineer 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 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages required by paragraph (a).

Tc) Withholding for unpaid wages and liquidated damages. The Contracting Officer may withhold from the Architect-Engineer, from any money's payable on account of work performed by the Architect Engineer or subcontractor, such sums as may adminis Standard Form 253 Page 2 (Rev. 4-75)

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ect Engineer will send to each labor union or representative of which he has a collective bargaining agreement or other contract or anding, a notice, to be provided by the agency Contracting Officer, advising the bor 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 No. 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 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 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 Oppor tunity 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 No. 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 No. 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 No. 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 be protect the interests of the United States.

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(c) Page 3 of Standard Form 253.

14. PRICING OF ADJUSTMENTS

When costs are a factor in any determination of a contract price adjustment pursuant to the "Changes" clause or any other provision of this contract, such costs shall be in accordance with the contract cost principles and procedures in Part 1-15 of the Federal Procurement Regulations (41 CFR 1-15) or section XV of the Armed Services Procurement Regulation as applicable which are in effect on the date of this contract.

15. PAYMENT OF INTEREST ON ARCHITECT

ENGINEER'S CLAIMS

(a) If an appeal is filed by the Architect-Engineer 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 payable to the Architect-Engineer. Such interest shall be at the rate determined by the Secretary of the Treasury pursuant to Public Law 92-41, 85 Stat. 97, from the date the Architect-Engineer furnishes to the Contracting Officer his written appeal under the Disputes clause of this contract, to the date of (1) a fhal judgment by a court of competent jurisdiction, or (2) mailing to the Architect-Engineer of a supplemental agreement for execution either confirming completed negotiations between the parties or carrying out a decision of a board of contract appeals.

(b) Notwithstanding (a), above, (1) interest shall be applied only from the date payment was due, if such date is later than the filing of appeal, and (2) interest shall not be paid for any period of time that the Contracting Officer determines the ArchitectEngineer has unduly delayed in pursuing his remedies before a board of contract appeals or a court of competent jurisdiction.

16. UTILIZATION OF SMALL BUSINESS CONCERNS

(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 Gover ment be placed with small business concerns.

(b) The Architect-Engineer agrees to accomplish the maximum amount contracting to small business concerns that the Architect-Engineer hds sistent with the efficient performance of this contract.

17. UTILIZATION OF MINORITY BUSINESS

the maximum practicable opportunity to participate in the performance of Government

contracts.

(b) The Architect-Engineer 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 contract, 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. The Architect-Engineer may rely on written representations by subcontractors regarding their status as minority business enterprises in lieu of an independent investigation.

18. SUSPENSION OF WORK

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(a) The Contracting Officer may order the Architect-Engineer in writing to suspend all or any part of the work for such period of time as he may determine to be appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended or delayed by an act of the Contracting Officer in the administration of this contract, or by his failure to act within the time specified in this contract (or if no time is specified, within a reasonable time), an adjustment shall be made for any increase in cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension or delay, and the contract modified in writing accordingly However, no adjustment shall be made under this clause for any suspension delay to the extent (1) that performance would have been suspended or deled by any other cause, including the fault or negligence of the ArchitectEngineer or 2) for which an equitable adjustment is provided for or excluded under any other provision of this contract.

c) eta under this clause shall be allowed (1) for any costs incurred more than 20 days before the Architect-Engineer shall have notified the Contracting Officer in iting of the act or failure to act involved (but this requirement shall not apply to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension or delay, but not later than the date of final payment. No part of any claim based on the provisions of this clause shall be allowed if not supported by adequate evidence showing that the cost would not have been incurred but for a delay within the provisions of this clause.

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[40 FR 48920, Oct. 20, 1975]

Standard Form 253 Page 3 (Rev. 4-75)

U.S. GOVERNMENT PRINTING OFFICE: 1974 0-300-454 14-1

§ 1-16.901-254 Standard Form 254, Architect-Engineer and Related Services Questionnaire.

(a) Page 1 of Standard Form 254.

STANDARD FORM (SF)

254

Architect-Engineer and Related Services Questionnaire

Standard Form 254

General Services Administration, Washington, D. C. 20405

Fed. Proc. Reg. (41 CFR) 1-16.803 Armed Svc. Proc. Reg. 18-403

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Purpose:

The policy of the Federal Government, in procuring architectural, engineering. and related professional services, is to encourage firms lawfully engaged in the practice of those professions to submit annually a statement of qualifications and performance data. Standard Form 254, "Architect-Engineer and Related Services Questionnaire" is provided for that purpose Interested A-E firms (Including new, small, and/or minority firms) should complete and fle SF 254's with each Federal agency and with appropriate regional or district offices for which the A-E is qualified to perform services. The agency head for each proposed project shall evaluate these qualification resumes, together with any other performance data on file or requested by the agency, in relation to the proposed project. The SF 254 may be used as a basis for selecting firms for discussions, or for screening firms preliminary to inviting submission of adu tional information.

Definitions:

"Architect-engineer and related services” are those professional serviors associated with research, development, design and construction, alteration, or repair of real property as well as incidental services that members of these professions and those in their employ may logically or justifiably perform, including studies, investigations, surveys, evaluations consultations, planning, programming, conceptual designs, plans and specifications, cost estimates, inspections, shop drawing reviews, sample recommendations, preparation of operating and maintenance manuals, and other related services

"Parent Company" is that firm, company, corporation, association or conglomerate which is the major stockholder or highest der owner of the firm completing this questionnaire, le Firm A is owned by Firm B which is in turn, a subsidiary of Corporation C. The "parent company" of Firm A is Corporation C

"Principals" are those individuals in a firm who possess legal responsibility for its management. They m.; be owners, partners, corporate officers, associates, administrators, etc.

"Discipline”, as used in this questionnaire, refers to the primary technological capability of individuals in the responding firm. Possession of an academic degree, professional registration, certification, or extensive experience in a particular field of practice normally reflects an individual's primary technical discipline

"Joint Venture" is a collaborative undertaking by two or more firms or Individuals for which the participants are both jointly and individually responsible.

"Consultant", as used in this questionnaire, is a highly specialized individual or firm having significant input and responsibility for certain aspects of a project and possessing unusual or unique capabilities for assuring success of the Anished work.

"Prime" refers to that firm which may be coordinating the concerted and

complementary inputs of several firms, individuals or related services to produce a completed study or facility. The "prime" would normally be regarded as having full responsibility and liability for quality of performance by itself as well as by subcontractor professionals under its jurisdiction. "Branch Office" is a satellite, or subsidiary extension, of a headquarters office of a company, regardless of any differences in name or legal structure of such a branch due to local or state laws "Branch offices" are normally subject to the management decisions, bookkeeping, and policies of the main office.

Instructions for Filing (Numbers below correspond to numbers contained in form):

1. Type accurate and complete name of submitting firm, its address, and zip code

la Indicate whether form is being submitted in behalf of a parent firm or a branch office (Branch office submissions should list only personnel in, and experience of, that office.)

2. Provide date the firm was established under the name shown in question 1. 3. Show date upon which all submitted information is current and accurate.

4 Enter type of ownership, or legal structure, of firm (sole proprietor, partner ship, corporation, joint venture, etc.)

4a Check appropriate box indicating if firm is minority-owned. (See 41 CFR 1-1.13 or ASPR 1-332.3(a) for definitions of minority ownership.)

5. Branches or subsidiaries of larger or parent companies, or conglomerates, should insert name and address of highest-ter owner.

Sa If present firm is the successor to, or outgrowth of, one or more predecessor firms, show name(s) of former entity(ies) and the year(s) of their original establishment.

6. List not more than two principals from submitting firm who may be con tacted by the agency receiving this form (Different principals may be listed on forms going to another agency) Listed principals must be empowered to speak for the firm on policy and contractual matters

7. Beginning with the submitting office, list name, location, total number of personnel and telephone numbers for all associated or branch offices, (including any headquarters or foreign offices) which provide A-E and related services. 7a Show total personnel in all offices. (Should be sum of all personnel, all branches.)

8. Show total number of employees, by discipline, in submitting office. (If form is being submitted by main or headquarters office, firm should list total employees, by discipline, in all offices) While some personnel may be qualified in several disciplines, each person should be counted only once in accord with his or her primary function. Include clerical personnel as "administrative."

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(b) Page 2 of Standard Form 254.

STANDARD FORM (SF)

Architect-Engineer

and Related Services

254 Questionnaire

Standard Form 254

General Services Administration,
Washington, D. C. 20405

Fed. Proc. Reg. (41 CFR) 1-16.803
Armed Svc. Proc.. Reg. 18-403

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Write in any additional disciplines-sociologists, biologists, etc. - and number of people in each, in blank spaces.

9. Using chart (below) insert appropriate index number to indicate range of professional services fees received by submitting firm each calendar year for last five years, most recent year first Fee summaries should be broken down to reflect the fees received each year for (a) work performed directly for the Federal Government (not including grant and loan projects) or as a sub to other profes sionals performing work directly for the Federal Government; (b) all other domestic work, US and possessions, including Federally-assisted projects, and (c) all other foreign work

Ranges of Professional Services Fees

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10 Select and enter, in numerical sequence, not more than thirty (30) "Experience Profile Code" numbers from the listing (next page) which most accurately reflect submitting firm's demonstrated technical capabilities and project experience. Carefully review list. (It is recognized some profile codes may be part of other services or projects contained on list, firms are encouraged to select profile codes which best indicate type and scope of services provided on past projects.) For each code number, show total number of projects and gross fees (in thousands) received for profile projects performed by firm during past five years. If firm has one or more capabilities not included on list, insert same in blank spaces at end of list and show numbers in question 10 on the form. In such cases, the filled-in listing must accompany the complete SF 254 when submitted to the Federal agencies.

11 Using the "Experience Profile Code" numbers in the same sequence as entered in item 10, give details of at least one recent (within last five years) representative project for each code number, up to a maximum of thirty (30) separate projects or portions of projects, for which firm was responsible (Project examples may be used more than once to illustrate different services rendered on the same job. Example a dining hall may be part of an auditorium or educational facility) Firms which select less than thirty "profile codes" may list two or more project examples (to illustrate specialization) for each code number so long as total of all project examples does not exceed thirty! (30). After each code number in question 11, show. (a) whether firm was the prime professional, or "C," a consultant, or "JV," part of a joint venture on that particular project (New firms, in existence less than five (5) years may use the symbol "IE" to indicate "Individual Experience" as opposed to firm experience), (b) provide name and location of the specific project which typifies firm's (or individual's) performance under that code category; (c) give name and address of the owner of that project (if government agency indicate responsible office), (d) show the estimated construction cost (or other applicable

cost) for that portion of the project for which the firm was primarily responsible. (Where no construction was involved, show approximate cost of firm's work). and (e) state year work on that particular project was, or will be, completed. 12. The completed SF 254 should be signed by a principal of the firm, preferably the chief executive officer

13. Additional data, brochures, photos, etc. should not accompany this form unless specifically requested

NEW FIRMS (not reorganized or recently-amalgamated firms) are eligible and encouraged to seek work from the Federal Government in connection with performance of projects for which they are qualified. Such firme are encouraged to complete and submit Standard Form 254 to appropriate agencies. Questions on the form dealing with personnel or experience may be answered by citing experience and capabilities of Individuals in the firm, based on performance and responsibility while in the employ of others. In so doing, notation of this fact should be made on the form. In question 9, write in "N/A" to indicate "not applicable" for those years prior to firm's organization.

Standard Form 254 July 1975

Prescribed By GBA Fed Proc Rog (41 CFR) 1-16.00)

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