§ 9-16.5002-1 Outline of a negotiated fixed-price supply contract. (1) Appropriate provisions setting forth description of supplies, delivery requirements, shipping instructions, and price. (2) Standard Form 32: General Provisions (Supply Contract). (3) AEC additions to Standard Form 32, General Provisions (AECPR 9-16.104-50). (4) Examination of Records (AECPR 97.5004-10). (5) Priorities, allocations, and allotments (AECPR 9–7.5004-23). [28 F.R. 1405, Feb. 14, 1963, as amended at 28 F.R. 2858, Mar. 22, 1963] § 9-16.5002-2 Outline of a cost-plus-afixed-fee supply contract (performed by commercial concerns in contractor's facilities). (1) Definition-§ 9-7.5005-4. (2) Statement of work-§ 9-7.5006-28. (3) Changes-§ 9-7.5006-4. (4) Estimates of costs, obligation of funds and fixed fee-§ 9-7.5006-14. (5) Allowable costs and fixed fee-§ 9-7.5006-10. (6) Payments-§ 9-7.5006-25, or, if appropriate, Payments and advances-§ 9-7.500623. (7) Accounts, records, and inspection§ 9-7.5006-1. (8) Drawings, designs, and specifications § 9-7.5006-13. (9) Examination of records—§ 9-7.5004–10. (10) Required bonds and insuranceExclusive of Government property-§ 9-75004-19. (11) Property-§ 9-7.5006-26. (12) Taxes-Appropriate article in accord ance with § 9-11.1 (13) Subcontracts and purchase orders§ 9-7.5006-29. (14) Patents-Appropriate patent article or articles in accordance with FPR 1-9 and AECPR 9-9. (15) Security-§ 9-7.5004-11 When required. (16) Contract Work Hours Standards Act-Overtime Compensation-FPR 1-12.303 or Walsh-Healey Public Contracts Act, FPR 1-12.605, if the contract exceeds $10,000. (17) Notice of labor disputes-§ 9-7.500412. (18) Buy American Act-§ 9-7.5004–16. (19) Termination for Default or for Convenience of the Government-FPR 1-8.702. (20) Litigation and claims-§ 9-7.5004-18, (21) Renegotiation-§ 9-7.5004-20. (22) Classification-§ 9-7.5004-21 in all contracts involving classified information. (23) Disputes-§ 9-7.5004-3. (24) Utilization of Small Business Concerns FPR 1-1.710-3(a) as required by that section. (25) Small Business Subcontracting Program-FPR 1-1.710-3(b), as required by that section. (26) Utilization of Concerns in Labor Surplus Areas FPR 1-805-3(a) as required by* that section. (27) Labor Surplus Area Subcontracting Program-FPR 1-1.805-3(b), as required by that section. (28) Changes to Make-or-Buy ProgramFPR 1-3.902-3, as required by that section. (29) Covenant against contingent fees§ 9-7.5004-2. (30) Officials not to benefit-FPR 1-7.10119. (31) Equal opportunity-FPR 1-7.101-18. (32) Convict labor-FPR 1-12.203. (33) Assignment-FPR 1-7.101-8 or 9-75004-7 as appropriate. (34) Priorities, allocations, and allotments (AECPR 9-7.5004-23). [28 F.R. 1405, Feb. 14, 1963, as amended at 28 F.R. 2858, Mar. 22, 1963; 29 F.R. 13605, Oct. 3, 1964] 1 Until issued, use AEC Manual Chapter 9115. negotiated fixed-price-construction contract. -16.5002-3 Outline of .. Standard Forms 19, "Invitation, Bid and ard;” 19.A., "Labor Standards Provisions;" "Construction Contract;" and 23.A., "Gen1 Provisions (Construction Contract)" any AEC additions thereto which are thorized by this part may be used where e AEC enters directly into a fixed-pricenstruction contract, by competitive prosals or by other means of negotiation. 2. The Standard Forms should be modified the following respects: a. Delete the word "publicly" before the rd “opened" wherever it appears. b. Delete the word "bid" or "bids" wherer used and insert the word "proposed" "proposals." E. Delete the word "bidder" and insert the d. Delete the word "bidding" wherever it a. Examination of Records (AECPR 9–7.- b. Priorities, allocations, and allotments ECPR 9-7.5004-23). Whereas, the Commission certifies that this negotiated contract is authorized by and executed under the Atomic Energy Act of 1954, as amended, in the interest of the common defense and security. Now therefore, the parties hereto agree as follows: Article I-Definitions. Insert contract clause set forth in AECPR 9-7.5005-4. Article II-Statement of work. Insert contract clause set forth in AECPR 9-7.500628. [As full a description of the work as is feasible should be inserted in this clause.] Article III-Changes. Insert contract clause set forth in AECPR 9-7.5006-4. Article IV-Estimates of costs, obligation of funds, and fixed fee. Insert contract clause set forth in AECPR 9-7.5006-14. Article V-Allowable costs and fixed fee. Insert contract clause set forth in AECPR 9-7.5006-9. (Payments for the use of the contractor's own construction plant and equipment are made subject to an appendix to be attached at the time of execution of the construction contract or subsequently added by agreement of the parties. Payment for rental by the prime contractor of construction plant and equipment from third parties is made subject to rental agreements to be approved by the Contracting Officer. If such rental agreements are modified to include the services of operators, adjustments may be required to avoid conflicts with the labor provisions of the construction contract. day AECPR 9-58. Until this part is issued, use AEC Manual Chapter 9206.) B F.R. 1405, Feb. 14, 1963, as amended at 9–16.5002-4 Outline of a cost-plus-a- ----- 19_-, effective as of the -9 y of Article See contract VI-Payments. Insert clause set forth in AECPR 9-7.5006-25 using 10 percent in the second sentence of subparagraph (b). (NOTE A: An election is permitted between straight reimbursement for allowable costs incurred and claimed by the Contractor and the system approved by the AEC of advances to the Contractor. A firm agreement should be reached at the outset as to one or the other of these methods of making payment for allowable costs and the appropriate article included in the contract. Payments on account of the fixed fee will in any case be made only as earned and claimed, in accordance with contract provisions. See AECPR 9-18. Until this part is issued, use AEC Manual Chapter 9103.) (NOTE B: If it is contemplated that advances will be made to the Contractor, substitute the clause set forth in AECPR 97.5006-23 and require special bank account agreement as set forth in AECPR 9-7.500624.) Article VII-Assignment. Insert contract clause set forth in AECPR 9-7.5004-7. Article VIII-Accounts, records, and inspection. Insert contract clause set forth in AECPR 9-7.5006–1. (NOTE: The provisions in this clause relating to records and accounts are designed to permit the use of AEC's integrated accounting system whether the reimbursement method or the advances method of payment is employed.) Article IX-Examination of records. Insert contract clause set forth in AECPR 9-7.5004-10. Article X-Workmanship and materials. Incert contract clause act forth in AECPR 9-7.5006-32. Article XI-Property. Insert contract clause set forth in AECPR 9-7.5006-26. Article XII-Required bonds and insurance exclusive of Government property. Insert contract clause set forth in AECPR 9-7.5004-19. Article XIII-State and local taxes. The Contractor agrees to notify the Contracting Officer of any tax, fee, or charge: (a) From which exemption is granted by State or local law, or (b) Which is invalid under any provision of the Constitution of the United States levied or purported to be levied on the Contractor in respect of this Contract and to refrain from paying any such tax, fee, or charge unless otherwise authorized by the Contracting Officer. The Contractor further agrees to take such steps as may be required by the Contracting Officer to cause any such tax, fee, or charge to be paid under protest and, if so directed by the Contracting Officer, to cause to be assigned to the Government or its designee any and all rights to the abatement or refund of any such tax, fee, or charge, or to permit the Government to join with the Contractor in any proceedings for the recovery thereof or to sue for recovery in the Contractor's name. The Government shall save the Contractor harmless from penalties and interest incurred through compliance with this article. Article XIV-Litigation and claims. Insert contract clause set forth in AECPR 9-7.5004-18. Article XV-Subcontracts and purchase orders. Insert contract clause set forth in AECPR 9-7.5006-29. Article XVI-Safety, health, and fire protection. Insert contract clause set forth in AECPR 9-7.5004-8. Article XVII-Contractor's organization. Insert contract clause set forth in AECPR 9-7.5006-6. Article XVIII-Key personnel. Insert contract clause set forth in AECPR 9-7.5006-15. Article XIX-Patent indemnity. Insert General Provision "15" of Standard Form 23A. (NOTE A: Basically, no patent provisions beyond the usual indemnity clause should be included. Alteration of this clause as to specified items is a matter to be dealt with by negotiation, if the question is raised by a prospective contractor. In particular cases involving technical facilities, the inclusion of additional provisions relating to title and rights in inventions and discoveries, with appropriate alteration of the indemnity clause, will be required in the interest of the Government. The Patent Indemnity Clause may be modified by deleting the opening words, "Except as otherwise provided," and by adding at the end of the article an exception set forth in (1) or (2) below under circumstances therein. (1) Certain construction contracts may call for items or parts thereof which are standard commercial supplies and also for items which require modifications in the course of the performance of the work. In such event the patent indemnity article set forth above may be appropriately modified. To cover such circumstances, the following modification should be added at the end of the patent indemnity article: ", except, however, infringement necessarily resulting from the contractor's compliance with written specifications or provisions for other than standard parts or components manufactured or supplied by the contractor or resulting from specific written instructions given by the Commission for the purpose of directing a manner of performance of the contract not normally utilized by the contractor." (2) In some instances certain specific items should be excluded from the indemnification, and where such items or parts can be identified as nonstandard commercial components or parts, the following provision may be added at the end of the patent indemnity article: "except that this indemnity shall not apply to the following items or parts (specifically identifying and listing the items or parts to be excluded).") (NOTE B: The alterations of the indemnity clause should be made upon the advice of the Field Patent Group or, in the absence of such group, on the advice of the Headquarters Office of the Assistant General Counsel for Patents.) Article XX-Security. Insert contract clause set forth in AECPR 9-7.5004-11. (NOTE: The security clause includes a prosion under which the contractor agrees to onform to all security regulations and reuirements of the AEC. This provision will upport security actions which are not exressly mentioned in the security article ut are required by the AEC, whether in he form of general rules or "one-time" reuirements. Examples are actions to prolote physical security and control of assified matter.) Article XXI-Disputes. Insert contract ause set forth in AECPR 9-7.5004-3. Article XXII-Labor. (a) Davis-Bacon Act (Act of March 3, 1931, 3 amended; 40 U.S.C. 276a and following) isert contract clause set forth in Standard orm 19A. (NOTE: This clause includes provisions reuired by regulations of the Department of abor. Part 3, Title 29, Subtitle A, Code of ederal Regulations (7 F.R. 687 as amended) nd Part 5, Title 29, Subtitle A, Code of ederal Regulations (16 F.R. 4430) as mended.) (b) Contract Work Hours Standards Actvertime Compensation. Insert contract lause set forth in Standard Form 19A. Until modified, use the clause in FPR -12.303.) (c) Apprentices-Insert contract clause set orth in Standard Form 19A. (d) Payrolls and payroll records. Insert ontract clause set forth in Standard Form 9A. (e) Compliance with Copeland RegulaInsert contract clause set forth in tandard Form 19A. ions. (f) Withholding of funds. Insert contract lause set forth in Standard Form 19A. (g) Subcontracts. Insert contract clause et forth in Standard Form 19A. (h) Equal opportunity. Insert contract lause set forth in FPR 1-7.101-18. (i) Convict labor. Insert contract clause et forth in FPR 1-12.203. (1) Contract termination-Debarment. nsert contract clause set forth in Standard Form 19A. Article XXIII-Notice of labor disputes. Insert contract clause set forth in AECPR -7.5004-12. Article XXIV-Covenant against continent fees. Insert contract clause set forth m AECPR 9-7.5004-2. (NOTE: In the event a contractor is unvilling to include a covenant against coningent fees in subcontracts and purchase orders, or if the Contracting Officer deems uch inclusion inadvisable, the matter shall De brought to the attention of the Director, Division of Contracts with a statement of he reasons.) tract clause as set forth in AECPR 9-8.750. (Until this section is published, use AEC Manual Chanter 9112-073.) Article XXVIII-Drawing, designs, specifications. Insert contract clause set forth in AECPR 9-7.5006-13. Article XXIX-Permits. Insert contract clause set forth in AECPR 9-7.5004-9. Article XXX-Renegotiation. Insert contract clause set forth in AECPR 9-7.5004-20, if the contract is subject to the Renegotiation Act of 1951, as amended. Article XXXI-Alterations and additions. Insert contract clause set forth in AECPR 9-7.5006-2. Article XXXII-Utilization of small business concerns. Insert contract clause set forth in FPR 1-1.710-3(a) under the conditions and in the manner prescribed in FPR 1-1.710-2. Article XXXIII-Purchases from contractor-controlled sources. Insert contract clause set forth in AECPR 9-7.5006-33, if deemed necessary. (NOTE: The clause set forth in AECPR 9-7.5006-33 shall be included in the contract, if it is contemplated that the contractor will be required to procure any equipment, materials, and supplies of the kind and character manufactured or sold by the divisions, departments, affiliates of the contractor.) or 51-081 O-66-14 (A statement of grounds which render a contract on a lump-sum basis impracticable, should be inserted in this recital.) Whereas, the Contractor is willing to undertake the performance of such architect-engineer services on a cost-plus-a-fixed fee basis; and Whereas, the Commission, finds that the Contractor is best qualified to perform such services, all relevant factors considered; and Whereas, the Commission certifies that this negotiated contract is authorized by and executed under the Atomic Energy Act of 1954, as amended, in the interest of the common defense and security; Now therefore, the parties hereto agree as follows: below, (b) Statement of architect-engineer services. The Contractor shall furnish for the construction project the architect-engineer services described in Title subject to such further detailed requirements as may be appended to this Contract by agreement of the parties. (NOTE: This paragraph shall be modified if necessary to omit inappropriate matter or to adapt it to particular circumstances. More detailed requirements, applying security, safety and other policy standards to the preparation of drawings and specifications may be incorporated in an appendix to the contract.) TITLE I-PRELIMINARY SERVICES (1) Conduct or arrange for, by subcontract or otherwise as approved by the Contracting Officer, and supervise all necessary topographical and other field surveys, the preparation of maps, and necessary test borings and other subsurface investigations. (2) Consult and collaborate with the Commission or its designees to determine the requirements which will govern design of the project and to establish architectural and engineering criteria for such design. (3) Conduct preliminary studies, and prepare preliminary sketches, drawings, layout plans, outline specifications and reports showing features and characteristics of the design proposed to meet the Commission's requirements. (4) Prepare preliminary estimates of cost and time schedules for (i) completion of the design and working drawings and specifications, and (ii) construction. (5) Prepare preliminary estimates of material quantities required for construction. |