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AUSGENERAL CLAUSES FOR A NEGOTIATED FIXED-PRICE ARCHITECT-ENGINEER CONTRACT

CLAUSES INCORPORATED BY REFERENCE

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full ext. Upon request, the Contracting Officer will make their full text available.

I. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES

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Utilization of Small Business Concerns and Small Disadvantaged Business Concerns (JUN 1985). Small Business and Small Disadvantaged Business Subcontracting Plan (Over $500,000) (APR 1984).

Utilization of Women-Owned Small Businesses (AUG 1986).

Preference for Labor Surplus Area Concerns (APR 1984).

Utilization of Labor Surplus Area Concerns (APR 1984).

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52.232-17.

52.232-23.

52.232-26.

52.233-1.

52.233-3.

52.236-22.

35. 52.236-23. 36. 52.236-24. 37. 52.236-25. 38. 52.243-1.

39. 52.244-4.

40. 52.249-7......

Payment for Overtime Premiums (APR 1984).

Convict Labor (APR 1984).

Equal Opportunity (APR 1984).

Equal Opportunity Preaward Clearance of Subcontracts ($1,000,000 or more) (APR 1984).
Affirmative Action for Special Disabled and Vietnam Era Veterans (APR 1984).

Affirmative Action for Handicapped Workers (APR 1984).

Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (JAN 1988).
Clean Air and Water (Over $100,000) (APR 1984).

Drug-Free Workplace (MAR 1989).

Authorization and Consent (APR 1984).

Notice and Assistance Regarding Patent and Copyright Infringement (APR 1984).

Rights in Data-Special Works (JUN 1987).

Payments Under Fixed-Price Architect-Engineer Contracts (AUG 1987).

Interest (APR 1984).

Assignment of Claims (JAN 1986).

Prompt Payment for Fixed-Price Architect-Engineer Contracts (APR 1989).

Disputes (APR 1984).

Protests After Award (JUN 1985) Alternate I (JUN 1985).

Design Within Funding Limitations (APR 1984).

Responsibility of the Architect-Engineer Contractor (APR 1984).

Work Oversight in Architect-Engineer Contracts (APR 1984).

Requirements for Registration of Designers (APR 1984).
Changes-Fixed-Price (AUG 1987) Alternate III (APR 1984).

Subcontractors and Outside Associates and Consultants (APR 1984).

Termination (Fixed-Price Architect-Engineer) (APR 1984).

I. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION

(HHSAR) (48 CFR CHAPTER 3) CLAUSES

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353.370-393 Form HHS 393, Purchase/Service/Stock Requisition.

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353.370-674 Form HHS 674, Structured Approach Profit/Fee Objective.

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SUBCHAPTER T-HHS SUPPLEMENTATIONS

PART 370-SPECIAL PROGRAMS AFFECTING ACQUISITION

Subpart 370.1-Accessibility of Meetings, Conferences, and Seminars to Persons With Disabilities

Sec.

370.101 Policy.

370.102 Responsibilities.

Subpart 370.2-Indian Preference in Employment, Training, and Subcontracting Opportunities

370.201 Statutory requirements. 370.202 Applicability.

370.203 Definitions.

370.204 Compliance enforcement.
370.205 Tribal preference requirements.

AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c). SOURCE: 49 FR 14048, Apr. 9, 1984, unless otherwise noted.

Subpart 370.1-Accessibility of Meetings, Conferences, and Seminars to Persons With Disabilities

370.101 Policy.

(a) It is the policy of HHS that all meetings, conferences, and seminars be accessible to individuals with disabilities. For the purposes of this policy, accessibility is defined as both physical access to meeting, conference, and seminar sites, and aids and services to enable individuals with sensory disabilities to fully participate in meetings, conferences, and seminars.

(b) In regard to acquisition, the policy is applicable to all contracts where the statement of work requires the contractor to conduct meetings, conferences, or seminars that are open to the public or involve HHS personnel, but not to ad hoc meetings that may be necessary or incidental to contract performance.

370.102 Responsibilities.

(a) The contracting officer shall include the clause in 352.270-1 in every solicitation and resulting contract when the statement of work requires the contractor to conduct meetings, conferences, or seminars in accordance with 370.101(b).

(b) The project officer shall be responsible for obtaining, reviewing, and approving the contractor's plan, which is to be submitted in response to paragraph (a) of the contract clause in 352.270-1. A consolidated or master plan for contracts requiring numerous meetings, conferences, or seminars will be acceptable. The project officer, prior to approving the plan, shall consult with the Office of Engineering Services serving the region where the meeting, conference, or seminar is to be held, to assure that the contractor's plan meets the accessibility requirements of the contract clause. The Office of Engineering Services shall make a determination on the adequacy of the contractor's plan, and notify the project officer, in writing, within ten (10) working days of receiving the request from the project officer.

[49 FR 14048, Apr. 9, 1984, as amended at 50 FR 23135, May 31, 1985; 50 FR 38004, Sept. 19, 1985]

Subpart 370.2-Indian Preference in Employment, Training, and Subcontracting Opportunities

370.201 Statutory requirements.

Section 7(b) of the Indian Self-Determination and Education Assistance Act, Public Law 93-638, 88 Stat. 2205; 25 U.S.C. 450e(b) requires:

Any contract, subcontract, grant, or subgrant pursuant to this Act, the Act of April 16, 1934 (48 Stat. 596), as amended, or any other Act authorizing Federal contracts with or grants to Indian organizations or for the benefit of Indians, shall require that to the greatest extent feasible

(1) Preferences and opportunities for training and employment in connection with the administration of such contracts or grants shall be given to Indians; and

(2) Preference in the award of subcontracts and subgrants in connection with the administration of such contracts or grants shall be given to Indian organizations and to Indian-owned economic enterprises as defined in section 3 of the Indian Financing Act of 1974 (88 Stat. 77).

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