nish the highest quality of professional services. Preparation and transportation of remains shall be performed in accordance with all applicable Federal, State, and local health laws, statutes, and regulations. The Contractor shall obtain and furnish all necessary health department and shipping permits at no additional cost to the Government and shall insure that all necessary health department permits are in order for disposition of the remains. (End of clause) § 12-7.5001-27 Facility requirements. FACILITY REQUIREMENTS The Contractor's building shall have complete facilities for maintaining the highest standards of solemnity, reverence, and assistance to the family, and for prescribed ceremonial services. The preparation room shall be clean, sanitary, and adequately equipped. The Contractor shall have or be able to obtain, catafalques, church trucks and equipment for Protestant, Catholic, and Jewish services. The funeral home, furnishings, grounds and surrounding area shall be carefully maintained so as to present a clean well-kept appearance. (End of clause) § 12-7.5001-28 Preparation history. PREPARATION HISTORY For each body prepared, or in the case of group interment for each casket handled, the Contractor shall state briefly the results of the embalming process on a certificate furnished by the Contracting Officer. (End of clause) § 12-7.5001-29 Changes. The Contracting Officer may at any time, by a written order, and without notice to the sureties, if any, make changes in or additions to specifications, issue additional instructions, require modified or additional work or services within the scope of the contract, and change the place of delivery, method of shipment, or the amount of Government-furnished property. If any such change causes an increase or decrease in the cost, or in the time required for, the performance of this contract, an equitable adjustment shall be made in the contract price, or time of performance, 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 thirty (30) days from the date or receipt by the Contractor of the notification of change; provided, however, that the Contracting Officer, if he decides that the § 12-7.5100-1 Amendment of Standard Form 253. The following clauses shall be used with Standard Form 253 (1975 Edition) pending the publication of a new edition of the form: (1) the clause Disabled Veterans and Veterans of the Vietnam Era set forth in FPR Temporary Regulation No. 39 effective July 26, 1976; (2) the clause Employment of the Handicapped set forth in FPR Temporary Regulation No. 38 of May 1976; and (3) the Clean Air and Water clause set forth in FPR 1-1.2302-2. § 12-7.5101 Required clauses. § 12-7.5101-1 Composition of contractor. COMPOSITION OF CONTRACTOR If the Contractor hereunder is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder. (End of clause) § 12-7.5101-2 Interpretation or modification. Insert the clause set forth in DOTPR 12-7.150-4. § 12-7.5101-3 Dissemination of contract information. Insert the clause set forth in DOTPR 12-7.150-10, substituting "Architect-Engineer" for "Contractor." § 12-7.5101-4 Inspection. INSPECTION The Government, through any authorized representative, may at all reasonable times, inspect or otherwise evaluate the work being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made by the Government on the premises of the ArchitectEngineer or subcontractor, the ArchitectEngineer shall provide and shall require his subcontractors to provide all reasonable facilities and assistance for the safety and convenience of the Government representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. 8 12-7.5102 Clauses to be used when applicable. The following clauses shall be inIcluded in the contract when their use is appropriate. Where the purpose of a contract for architect-engineer services is to obtain a unique architectural design of a building, a monument, or construction of a similar nature, which for artistic, esthetic or other special reasons the Government does not want duplicated by anyone else, the Government may desire to acquire exclusive control of the data pertaining to such design. The clause set forth in FPR 116.703(d) shall be used only in those cases where the contracting officer determines for the foregoing reasons that it is desirable to maintain exclusive control over the design and data. § 12-7.5102-6 Renegotiation. Insert the clause set forth in DOTPR 12-7.151-15 in accordance with the instructions for its use. § 12-7.5103 Additional clauses. The following clauses shall be included in the contract when it is deemed necessary or desirable to cover the subject matter thereof. The clauses may be modified, when necessary, to adapt to special situations. § 12-7.5103-1 Method of payment. METHOD OF PAYMENT (a) Estimates shall be made monthly of the amount and value of the work and services performed by the Architect-Engineer under this contract, such estimates to be prepared by the Architect-Engineer and accompanied by such supporting data as may be required by the Contracting Officer. (b) Upon approval of such estimate by the Contracting Officer payment upon properly certified vouchers shall be made to the Architect-Engineer as soon as practicable of 90% of the amount as determined above, less all previous payments; Provided, however, That if the Contracting Officer: determines that the work is substantially complete and that the amount of retained percentages is in excess of the amount considered by him to be adequate for the protection of the Government, he may at his discretion release to the Architect-Engineer such excess amount. (c) Upon satisfactory completion by the Architect-Engineer and acceptance by the Contracting Officer of the work required by the contract, the Architect-Engineer will be paid the unpaid balance of any money due under the contract. (d) As a precedent to final payment under the contract, the Architect-Engineer shall execute and deliver to the Contracting Officer a release of all claims against the Government arising under or by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Architect-Engineer from the operation of the release in stated amounts to be set forth therein. PREPARATION OF SPECIFICATIONS The Architect-Engineer shall make reference to applicable Federal specifications, if available, for items and materials used. If Federal specifications are not available, the Architect-Engineer shall reference specifications prepared by recognized professional manufacturer or construction societies, or furnish descriptions of the items or materials containing all the fundamental properties and all the essential requirements to be met by the items or materials. When an item or material cannot be described because of its technical construction or composition or because it is a proprietary item, the name of one, and if available, several, suitable commercial products shall be included as part of the required description, followed by the words "or equal." If it is determined that one and only one brand of item or material will meet the requirement, the Architect-Engineer shall so state and shall give full justification for that determination. Specifications will not duplicate, contradict or cover the same subject matter contained in the general and special provisions to be used with the construction contract. A complete set of construction contract general and special provisions will be furnished to the Architect-Engineer by the Contracting Officer. (End of clause) § 12-7.5103-3 Redesign responsibility. (a) Insert the following clause in all Architect-Engineer contracts except (1) those involving projects for which the Head of the Procuring Activity or his designee determines that cost limitations are secondary to performance considerations and that additional funding can be expected if necessary, and (2) those for the design of a standard structure which is not intended for a specific location site. DESIGN WITHIN FUNDING LIMITATIONS (1971 APR) (a) The Architect-Engineer shall accomplish the design services required under this contract so as to permit the award of a contract, pursuant to standard Department of Transportation procedures, for the construction of the facilities designed at a price that does not exceed the estimated construction contract price set forth in this contract. When bids or proposals for the construction contract are received which exceed such estimated price, the ArchitectEngineer shall perform such redesign and other services as are necessary to permit contract award within such funding limitation. These additional services shall be performed at no increase in the price of this contract. However, the Architect-Engineer shall not be required to perform such additional services at no cost to the Government if the unfavorable bids or proposals are the result of conditions beyond his reasonable control. (b) The Architect-Engineer will promptly advise the Contracting Officer if he finds that the project being designed will exceed or is likely to exceed the funding limitations and he is unable to design a usable facility within these limitations. Upon receipt of such information, the Contracting Officer will review the Architect-Engineer's revised estimate of construction cost. The Contracting Officer may, if he determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth elsewhere in the contract, or he may adjust such estimated construction contract price. When bids or proposals are unreasonably delayed, the Government shall increase the estimated construction contract price by a percentage representing the increase in the level of building construction costs during the period between the estimated bid opening date and the actual bid opening date. The percentage of increase shall be determined by averaging the building construction cost indices for that period as published by the Engineering News Record Building Cost Index, the Associated General Contractors of America Construction Cost Index; and, E. H. Boeckh and Associates, and this estimate shall be used in lieu of the Architect-Engineer's estimate to determine compliance with the funding limitation. (End of Clause) (b) Whenever the clause set forth in paragraph (a) of this section is included in a contract, the following statement shall be inserted in the description of the work to be performed by the Architect-Engineer. The estimated construction contract price for the project described herein is $▬▬▬ The figure to be inserted in this statement is to be established at the beginning of contract negotiations by agreement between the Architect-Engineer and the Government. Such estimated construction contract price shall take into account any statutory or other limitations and exclude any allowances for Government supervision and overhead and any amounts set aside by the Government for contingencies. In negotiating the figure to be inserted, the Contracting Officer should make available to the Architect-Engineer the information upon which the Government has based its initial estimate and any subsequently acquired information which may affect the construction cost. § 12-7.5103-4 Building codes. BUILDING CODES The Architect-Engineer shall plan and design this project in accordance with the building ordinances, codes, and regulations of the county and political subdivision in which the project is to be constructed insofar as they are binding upon the United States Government. The project shall also be planned and designed in compliance with the latest edition of the American National Building Code as recommended by the Board of Fire Underwriters. (End of clause) Subpart 12-7.52-Clauses for FixedPrice Vessel Repair, Alteration or Conversion Contracts § 12-7.5200 Scope of subpart. This subpart is applicable only to the Coast Guard. It sets forth or cites contract clauses to be used for fixedprice vessel repair, alteration or conversion contracts and where necessary provides instructions for their use. § 12-7.5201 Required clauses. The clauses set forth or cited in this section shall be included in fixed-price vessel repair, alteration or conversion contracts which are formally advertised and to be performed within the United States, its possessions, or Puerto Rico. Unless inappropriate, the clauses should also be included in negotiated contracts and contracts to be performed outside the United States. § 12-7.5201-1 Delivery and shifting of vessel. DELIVERY AND SHIFTING OF VESSEL The Government shall deliver the vessel to the Contractor at his place of business. Upon completion of the work the Government shall accept delivery of the vessel at the Contractor's place of business. The Contractor shall provide, at no additional charge, upon 24 hours' advance notice, a tug or tugs and docking pilot, acceptable to the Contracting Officer, to assist in handling the vessel between (to and from) the Contractor's plant and the nearest point in a waterway regularly navigated by vessels of equal or greater draft and length. While the vessel is in the hands of the Contractor, any necessary towage, cartage, or other transportation between ship and shop or elsewhere, which may be incident to the work herein specified, shall be furnished by the Contractor without additional charge to the Government. (End of clause) § 12-7.5201-2 Performance. PERFORMANCE (a) The Contractor shall make the necessary arrangements for receiving the vessel on the specified date, such arrangements to be satisfactory to the Contracting Officer or his duly authorized representative. (b) The Contractor shall promptly commence the work required by the contract and shall diligently prosecute same to completion to the satisfaction of the Contracting Officer. (c) Except as otherwise provided in this contract, the Contractor shall furnish all necessary naterial, labor, services, equipment, supplies, power, accessories, facilities and such other things and services as are necessary for accomplishing the work specified in this contract subject to the right reserved in the Government under the "Government-furnished Property" clause of the contract. (d) The Contractor shall without charge and without specific requirement therefor: (1) Make available at the plant to personnel of the vessel, while in drydock or on a marine railway, toilet and similar facilities acceptable to the Contracting Officer as adequate in number and sanitary standards. For cutters or boats fitted with pollution Abatement Systems, provide for disposal of shipboard waste (non-oily) by installing a portable hose between the cutter's or boat's weather deck sewage overboard discharge connection and, either a shore-side holding facility, sewage treatment plant, or a municipal sewage system. Directing of shipboard waste to waters covered by the Federal Water Pollution Control Act, as amended, will not be allowed. In freezing conditions the contractor will provide protection to the hook up system. (2) Supply and maintain, in such condition as the Contracting Officer may reasonably require, suitable brows and gangways from the pier, drydock or marine railway to the vessel (access to vessel shall be lighted by the Contractor during all periods of darkness). (3) Treat salvage, scrap, or other ship's material of the Government resulting from performance of work as though they were items of Government-furnished property in accordance with provisions of the "Government-furnished Property" clause of this contract. (4) Perform, or pay the cost of, any repairs, reconditioning or replacements necessary as a result of the use by the Contractor of any of the vessel's machinery, equipment or fittings including, but not limited to, winches, pumps, rigging, or pipelines. (e) The Contractor shall conduct dock and sea trials of the vessel as required by the specifications. During such trials the vessel shall be under the control of the vessel's commander and crew with representatives of the Contractor and the Government on board to determine whether or not the work done by the Contractor has been satisfactorily performed. Dock and sea trials not |