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HomeMy WebLinkAbout12118 ORD - 06/12/1974JRR:jkh:6- 12 -74; 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION TO ESTABLISH AN ADMINISTRATIVE OFFICE TO INVESTIGATE DISCRIMINATION CHARGES AND TO EXECUTE SUCH GRANT, IF AND WHEN APPROVED, A COPY OF SAID GRANT APPLICATION BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to submit a Grant Application to the Equal Employment Opportunity Commission to establish an administrative office to investigate,discrimination charges and to execute such Grant, if and when approved, a copy of said Grant Application being attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize submission of the afore- said Grant Application at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordi- nance be passed finally on the date of Its introduction and take effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of June, 1974. ATTEST: t Citf Secretary APP D: APP OF JUNE, 1974: City Attorney MY01V THE CITY OF CORPUS CHRISTI, 1211's --- .----- - --6 -- - f0 -- AWARD /CON7RACP S'nrv�wsF0- 1tT c rD,d ] t d • t. (DNil..t3 /Prat reu! Ib.c] nO. 1. 1ptCin! WT! . ]LIMO rL UH/NrcOW! ¢OUlfirv.O�ER u0. .- <10.NRD 10 trvfE DrvDIY dDSa �f4�]A,W /O, DN6 e 1 /1 /7'f d. MSUEa BY CODE Doffl n CODi..�— —M'w d /I /Wbr r6r. dla'I f) ❑D3 Dtfrr Equal Employment loynent Opporsun'_ty Comma ssio: I omu n., Office of State & Cacmcn ity Affair ®dW° °I Wsshi 21506 s. eorvrld,c ! cone Feciure wulwo�uoulu Ida -rve vl .•: irvi • NAME ANa ADalEBS F—City of Corpus Christi N/A P. 0. Box 9277 - -- d " °° / Corpus Christi, Nueces, Texas 78408 a gar.,, ...... I J a .pnlp.Jl ra .ou,tss �H c ._._ ]J] coDE' 1]. YAYMEN: WILL Bt —.4 BY COUE Equal Ecp loycent OpportuC-Ly CommaszoC ? �1 O: fi ce o: Financial Manage =ent 1800 0. Street, Nj W., Room 1109 Ij (Wash ine ton. C. C. 20500' UtO� Y.d.[ ]JD. loll IBC u.$.C. 2n10C� bo O t J tnn nocu.3.w] ..s Q ADVenneo.7":� ^!corona. wuudNr ro. i 1 us c. !J] ;,AO X 1 5 ) : T- t 1e V.I C. R. A. . ..:ccouNma .ND .wlorm noN wo, aien de a . 4/160.39- 39/25.20 -21/2 ( bYrrtY3ISlwC[b OU.NrN UWI dot iCOST CONTRACT FOR SERVICES �Tbe Contractor, an Agency of the3awm /City of jamr,g I Mri4i ( !Texas lempovered to enforce local law banning d}scrimir.etiba in employmen= :upon race, sex, religion, or national origin, agiee� to assist the ;Equal Employment Opportunity Commission n the ettfoYcement of Title '% " !of the Civil Rights Act of 1967, ae amen ed, as iter Sna ft er described• in the Scope of Work. The contract term shall be from the effe tive date 3hown in block (2) above until - J m 'in , 1 I I ,Zi_•I — • i 1 � ' TOl4 AMOUNT Of COnT0.ACr I �� inn CO.NTR.4CTM6 OFFICER a U.L COMPLETE BLOCK JJ OR 21, .IS .1PPLICABI.F !] � CONr4CIJ.3 NlCAlulla - -- Nr r<mn�.rw n ..g.r..J m y. ]e. C' .W.� lCmr /u ..r .a a rw.nrJ ro rr6. rM. Javw..! v.,,. aW .aJae ..a.. ALL.,w .m•....a e.ae..m. .w.. 1.1 ro•...a<ar.nm..... 1.1 w d...me., d w, s. oe.,r,.mr, � ..r w m....e�nl e....�ane.we. � and IHmn.lm.arpeu �v.Nw•.e...Nn3..u.n ..e .m.•d.m...,, n a. ..md.e.. ••.dmrow ....m.. e..... rn.r..e......,. rr�.J e.m..le.m..I tw.r .emww dmw�u, ...w.uv,. eual EmnloycenL Opportunity Commissi_- iiN'..ia�cNewco:ej(Name of agency) !r - Jl. uwrlo u.m3 ti...la+ ].. luNl �.m r00 a SIGNlI rl" w pbu� !3. M YONIa L. xA.Y or COMlAClWa -r I CIP... P.wrd �t0 W rt LGHD R. Marvin Townsend y Manager Cit i :7 PA09 2 OF V 33 REPRESENTATIONS, CERTIFICATIONS AND ACKNOWLEDGMENTS The Offeror rep—. and certifies as part of his offer char. (Chad or rmapGa all lipli,.bir born or blorb.) 1. SMALL BUSINESS (Sa par. 14 so SF 33-A.) He [jj is, 0 is t. a —11 business concesa If .&— is a small business concern cod is mot she ma-h toter of she wppEes oared, he also represents than pl es m be furnished hereunder 0 will. ❑ will not, be manufactured or produced by a small busivm eanc[tn Its ttm Uofced Smtes, in pov®oona, m 2 REGULAR DEALER - MANUFACTURER (Applicable m13 m mypfj ma/Ym2r m sign SIO.OW.) He 6 a ❑regular dealer Sl, ❑ maaufacttuer of, the supplies affect. 3. CONTINGENT FEE (S. par. I) as SP 33-A.) (a) He [3 has. has am. empployed or retained airy company . Pet%^. (atba Wan a fall -ties, baea /hA emploin corking fish/) ( tbt oil ) to solk-h or secure this —tine t, and (b) he L-I has, has now, paid or eWmd in pay any company or person (nibs, than a full -ta'na bova pdr w,PJgra, corFeg ioldy f tW nBrerJ anp !a, commiaion, percensaFe, err 6rakerage lee contmgeru upon m ¢wlseg from the award of this controls; and agree to furnish mformaaon reLar- h[p to (a) and (b) above, oa teq creed by [be Contracting Offua. (Par m +apratarloa of sbs nprvmsasioo. 1r¢lad7ag for term "loan fda emplo�a:' ua Cads of Fadoal Rigoladear, Tito 41, Subpart 1 -1S.J 4. TYPE OF BUSINESS ORGANIZATION �� lame �.� Sam He opeates as Da hadividual, 0 a partnashlp. 0 a mnprofil anlmdco, 0 a corpora" Incespomoed of 3, AFFILIATION AND IDENTIFYING DATA (Applicabh mfr to ad wilid solhiteriess.) Each offeror shall complete (a) and (b) if applicail, , and (c) below. (()) if i ❑ u not, owned or contsolded by a parent company. (Sa par. 16 m Sir 33-A.) (b) U the orlrror is owned or mnmolld by a parent company, he shall enter in the hlodm below the memo and maf s office addrms of the Parcae campmy Name ed Pa eatcompamy and maim office address (indude ZIP Code (c) Employes Witatifiadon number (Ser . par. 17 m SF 93-d) (Offao>'r ILL Na) (Pwmt Coepaa)'s 11.1. No.) 6. EAL OPPORTUNITY H,% has, has not, participated Ins pmimas contract or wbaantraa wblett either w the Equal Opppo�rtunity claou herein c r the clause original] y coI- mind in wrion 301 of Executi- Order Ne. 10927, or the clause contoured in section 201 of Fsecutiw ONeI No. It 114: that he 0 has. 0 has net, filed ell required cone me rcporo: and that represenanons indicating submission of required compliance reporm, signed by proposed submnmoom will he obtained pima to wbmnvals nwrrds. (Tbr aboa rrpraemetisa cad mot ba lydmirled m rmnanaa soitb maarru se ram as shah an rnmpt from the elante) 7. BUY AMERICAN CERTIFICATE The oil r hereby certifies [bar each end product except the end products listed belo is a domestic source end product (as defined in the 'I.." addd -Boy American Acs' ): and but compautents of mknown origin have been considesd to ]raw Seen miaed, Fastened or .manufactured outside the United States, 8. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION(Sapar. 18 m SF 33-A.) (a) By wbmusion of this offer, the offeror certifies, and in the case of a Joint offer, each Parry thereto cadha as m im own aganimtfon. dart In connection with this rn a rt: (I) The pricer in this one, haw been arrived ac i adep-e+dandy, without Wosain don, communication. Ot agreement, for the purpose of restricting comlae- r thsty many mane. relating to such prices with any orhu is _ a with eery competitor• (2) Uolens orhuwise required by law, the price which have been quoted in this o&T haw not been knowingly disclosed by the offeror and 11 not knowingly be disclosed by the offeror print to opening m the case of an adwrdud procurement or prior to award is the tree of a negotiated proeusemau. directly or indirectly to any other offefm or to any competitor; and (3) No atrempl has been made Ot tall be made by the aM toWiders coy Other Peen or fare to submit Ot nor to submit m ogc for the purposes of aminhag —[,ctiuon. (b) F�ch penun s,g.,.p is oll certifies that. ( I) Hr is the puson in the ommor's otgmirauon responsible within that organization for the decision fis to the prior being ofietd herein and that he has not psrticipp r d• an ill parricipme. in any action contrary to (a) (1) through (a) (3) above: or (2) (r) Hen nor the pemon in the offuor's orgmaatten mponsible within that organisation for the decision as to the prim being oftced herein but tam he bas hern aueho -- us writing to ear m site for the persons mpomble ! ouch decision in eerti(ying that such puss have our participated and will set participate, in any aaioo contrary m (e) `1) rhraugh (e) (3) abaw, nod as their agear does hereby m certify, red (u) be has not pmanpind• and will not pars.capum, in soy action contrary to (a) (1) through (a) (3) shoo. 9. CERTIFICATION OF NONSEGREGATED FACILITIES (APPhnble ro (1) conencta, (2) svbruntracm. anJ (31 agreements with appliance who ode tbemsdva petformm8 fetleraRy e>siatd emnemlaloa matmcn, tmceding f tm.00m which me not exempt fiem the provision of die Equal Opportunity clanx.) By the submission of [hh bid, the bdJu, o06ror, apphnnq or sub onvaztor certifier fin[ he does not assess o or -id. for his employ. y xgrega d co 6riltties et any o(hia a[ablish meets. and shat hr dues not pumie his emplo }vn m perform [hear xrvlcn a[ any lecanon, undo his ntrol• a here segregated facilities as mamm+oed. He certinu further that he wsu no[ mammin or proviJe foe his employees any eegregaced ( ilitiea at any of his The bhtnrnm. and this he will not permit his emplo}•en ro perform [heir services a any loatwn, ands his control, where segregated Gcdits c areact. As The this itio n rpplin�[, or subronmacmr agrees that a breach d Wis certifinnon n a violation of the Equal Opporeuniry claux in shis con¢act. N used in [his carificnion, the term "segregated facilitiei' means any waitioR r s, ark arena, des[ rooms end wash rooms, resmutmm and other ea[ivg arena, time ulocln. hacker mama and othu aroage nt dressing areas, park+ng Ian. drinking fmmsaim, rcctearieo err rntetta;nment isms. vamposmn.. am housing... W h pear „Jed fit emplq• which a xgregarcJ hg exploit dveeke or are in f xercgattJ en be btsis of race, color, relig' n oati” origin, bevausi of babe, Intil Otstom, or otherw -ix. He furthu mgsres that (exe�pp[[ ahcre he has obsi,neJ idrntiml certihwtiom from propoud wbconrnre 1 sprctfic bperi•Jsl he of t obtain idrnrical certifications tram prolsaxd retain su acmes prior m the s fil. of That he a esecrdinSS $Io,aVO which are eat eaempr from the pruyisasm of the Equal Opporwnfry claux: that he will resin such rettifimeiom in her files: anJ chat he will ivrwarJ the following ®tire w such proposed aubrontrac• mss (except where the proposed wbconmaon have suhmitsed idential cenifinrians for specific rime periods): Nails to pia patio raAterrarton of a nramect foe ma6raris -' of eeyngaaJ f r""no. A Certifintiun of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10.000 which is nm exempt fig. the prom• alone of the Equal Op vanity clause. The ccaificatioo may be submitted either fns each subconvac[ or for all subcontacts during a period I- quortely, mndamaa]dy, or annually). NOTE The pmalry Jar making frla uareeamt is olfra irgrxnbed is 18 US.G 1001. e a,. souma:e. for oa.,. w.e r.w..e eeo,. NOTR -09'r mar. art fonb (l1, aaararr, sad m plge iefor tan ai ngairrd bib I" Saffriratioe 011d-ding armrberaa). Tbr praalry far eakiog I la+tatr mans to I// it pnrnilorJ iv 18 U S.C. root. _ 31 -law -m RKtse or StAFIDAIm IOW 33, aOyaaau 11 -9 a o. 9. Gma®lntmrr' ranar'a+o aayltB+lma O •a9- -lace TITLE VI ASSURANCES The Contractor assures and certifies with respect to the federal funds received under this contract that: 1. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal Financial assistance and will immediately take any measures necessary to effectuate this agreement. 2. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of the contract is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the contract activity. 3. It will require similar assurances from all subcontractors at any tier. A I. Terms and Conditions Incorporation of Forms and Other Applicable Clauses A. The provisions of Standard Form 32 (1969 ed.) General Provisions are hereby incorporated by reference and made a part of this contract. B. The following provisions of GSA Form 1424 (July 1973 ed.) are hereby incorporated by reference and made a part of this contract: 10. Examination of Records 10a. Examination of Records by Comptroller General 22. Utilization of Labor Surplus Area Concerns 26. Interpretation of Contract Requirements 40. Renegotiation 47. Notice to the Government of Labor Disputes 57. Utilization of Minority Business Enterprises 58. Listing of Employment Openings 59. Pricing of Adjustments 60. Payment of Interest on Contractor's Claims C. Upon request the administering office will supply copies of Standard Form 32 and GSA Form 1424. D. Advance Payments The following clause shall govern advance payments to the contractor: (a) Amount of Advance. At the request of the Contractor, and subject to the conditions hereinafter set forth, the Government shall make an advance payment, or advance payments from time to time, to the Contractor. No advance payment shall be made (1) without the approval of the office administering advance payments (herein- after called the "administering Office" and designated in paragraph (e)(2) hereof) as to the financial necessity therefore; (2) in any amount which together with all advance payment theretofore made, shall exceed the amount stated in paragraph (e)(1) hereof; and (3) without a properly certified invoice or invoices. (b) Return of Funds. The Contractor may at any time repay all or any part of the funds advanced hereunder. Whenever so requested in writing by the Administering Office, the Contractor shall, within 50 days, repay to the Government such part of the unliquidated balance of advance payments as shall, in the opinion of the Administering Office, be in excess of current needs. The Contractor shall be deemed in compliance with the time requirement of the next preceding sentence if the chief adminitering officer of the Contractor shall have initiated in writing, within said time period, a request for repayment of such funds to the Government, shall have deposited such request in the hands of the state or political sub- division Comptroller, Treasurer, or other state or political subdivision official responsible for disbursing state or political subdivision funds, and shall have presented a copy of such request to the Administering Officer. At any time during the first forty -five (45) days following the request of the Administering Office to return funds advanced, the Contractor, if it determines that the request is unreasonable, may appeal the matter to the Executive Director of the Commission, whose decision shall be final. (c) .Lien on Property under Contract. Any and all payments made under this contract, shall be secured, when made, by a lien in favor of the Government, paramount to all other liens, upon the supplies or other things covered by this contract and on all material and other property acquired for or allocated to the performance of this contract, except to the extent that the Govern- ment by virtue of any other provision of this contract or otherwise, shall have valid title to such supplies, materials, or other property as against other creditors of the Contractor. The Contractor shall identify, by marking or segregation, all property which is subject to a lien in favor of the Government by virtue of any provision of the contract in such a way as to indicate that it is for or allocated to the performance of this contract. If for any reason such supplies, materials, or other property are not identified by marking or segregation, the Government shall be deemed to have a lien to the extent of the Government's interest under this contract on any mass of property with which such supplies, materials, or other property are commingled. The Contractor shall maintain adequate accounting control over such property on his books and records. If at any time during the progress of the work on the contract it becomes necessary to deliver any item or items and materials upon which the Government has a lien as aforesaid to a third person, the Contractor shall notify such third person of the lien herein provided and shall obtain from such third person a c receipt, in duplicate, acknowledging, interalia, the existence of such lien. A copy of each receipt shall be delivered by the Contractor to the Contracting Officer. If this contract is terminated in whole or in part and the Contractor is authorized to seel or retain termination inventory acquired for or allocated to this contract, such sale or retention shall be made only if approved by the Contracting Officer, which approval shall constitute a release of the Government's lien hereunder to the extent that such termination inventory is sold or retained, and to the extent that the proceeds of the sale, or the credit allowed for such retention on the Contractor's termination claim is applied in reduction of advance payments then outstanding hereunder. Where the contract term expires without termination by the Government it is the under- standing of the parties that the lien created by the instant paragraph I D(c) shall expire provided the funds advanced under paragraph II C(l)(a)p infra, have legally been liquidated. (d) Information- Access to Records. The Contractor shall furnish to the Administering Office.signed statements of expenditures and cash reports quarterly (See Attachment #1 for drafts of said required reports.). The Contractor shall also provide financial reports at such other intervals as may be required upon reasonable notice given. The Contractor shall, at all reasonable times, afford to authorized repre- sentatives of the Government proper facilities for inspection of the Contractor's books, records, and accounts. (e) Designations and Determinations. (1) Amount. The amount of advance payments at any time outstanding hereunder shall not exceed $ 6.550.00 (3 months operating expenses). (2) Administering Office. The office administering advance payments is designated as Regional Director, Regional Office, the address which is stated in Block 6 of Standard Form 26. (f) Other Security. The terms of this contract shall be considered adequate security for advance payments hereunder. • (g) Representation and Warranties. To induce the making of advance payments, the Contractor represents and warrants that: (1) The Contractor has the power to enter into this contract and accept advance payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this contract. (2) None of the assets of the Contractor is subject to any lien or encumberence of any character except as shown in the financial statements furnished by the Contractor to the Administering Office. There has been no assignment of claims under this contract affected by these advance payment provisions, or if there has been any assignment, such assignments have been terminated. (3) All information furnished by the Contractor to the Administering Office in connection with each request for advance payments is true and correct to the best knowledge of the chief administrative officer of the Contractor. (4) These representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each invoice for advance payments. (h) Covenants. During the period of time that advance payments may be made hereunder and so long as such advance payments remain unliquidated, the Contractor shall not without the prior written consent of the Administering Office: (1) Sell, convey, lease, mortgage, pledge, or otherwise encumber, or suffer to be encumbered, any of the physical property of the Contractor which has been procured with advance payments under this contract and which are allocated to the performance of this contract and with respect to which the Government has a lien hereunder; (2) Make any advance or loan to or incur any liability as guarantor, surety, or accommodation endorser for any firm, person, or corporation; (3) Permit a writ or attachment or any similar process to be issued against its property without procuring release thereof or bonding the same within 30 days after the entry of the writ of attachment or any similar process; (4) Pay and funds received hereunder for salaries, commissions, bonuses, or other renumeration in any form or manner to its directors, officers, or key employees in excess of existing rates of payment or of rates provided in existing agreements in connection with which notice has been given to the Administering Office unless such excess is due (1) to an approved cost of living increase or other addition to salary or prerequisites of office approved for all state employees by the State Civil Service Commission or comparable state personnel agency, or for all civil servants of a political subdivision by the body in a political subdivision analogous to the state Civil Service Commission or (2) to increases negotiated by a labor union which is a recognized bargaining unit for the civil service employees of the state or of a Political subdivision thereof and the labor union represents, for the bargaining unit seeking or gaining increased wages or benefits, civil servants from state or political subdivision agencies other than of the Contractor as well as those of the Contractor; Provided, however, that this subparagraph shall not be construed as increasing the maximum amount of funds available for this contract and agreed upon as stated in B1o_ck.21, Standard Form 26. E. The Service Contract Act clause, FPR 1- 12.904 -1; is hereby incorporated by reference and made a part of this contract. F. Incorporate by reference Termination for Convenience of Government 1- 8.704.1. G. The provisions of this clause shall be applicable only if the amount of this contract exceeds $100,000 (ONE HUNDRED THOUSAND DOLLARS). The following provisions of GSA Form 1424 are applicable: Clause numbered: 55 (which includes references to the following clauses: Price Reduction for Defective Cost of Pricing Data, FPR 1- 3.814 -1; Audit 1- 3.814 -2; Subcontractor Cost or Pricing Data, 1- 3.814 -3). II. Special Provisions A. Scope of Work See Schedule "A ". B. Period of Performance This contract shall begin on July 1 , 1974 and shall end on June 30 75 C. Consideration and Terms of Payments 1. In consideration for the contractor's agreement to Complete the project as set forth in the Scope of Work, the Government will pay to the contractor a sum not to exceed ($27,200.00 ) Twenty-seven Thousand Two Hundred and no /100 - --- DOLLARS; such sum constituting payment in u or t e service required in paragraph II -A; such payment is to be made according to the following terms and conditions: (a) Based upon the contractor's written request and the resultant Findings and Determinations, the contractor will be entitled to one (1) advance payment, amount to ($6,550.00 ) Six Thousand Five Hundred Fift and o 1 DOLLARS. This a vance payment wi a pays eon t -e -- effective date of the contract. Subject to satisfactory work progress as evaluated by the Government, three (3) subsequent quarterly payments will be made based upon properly executed vouchers (SF 1034a) of reimbursible .costs submitted to the Administering Office by the contractor. In addition, the Contractor shall submit one (1) properly executed voucher, for the last three months of this contract term, in order to liquidate the advance payment of paragraph I.D. The Contractor shall designate the final voucher as "completion voucher." (b) Allowable costs under this contract shall be determined by the Director, Office of State and Community Affairs or designee. D. Supervision and Liaison The Equal Employment Opportunity Commission through its Director, Office of State and Community Affairs as delegated to the Regional Director, Mrn . Lo enzo R r Regional Office, w_11 be responsible o e a of t e Government for reviewing the contractor's compliance with the contract and evaluating the contractor's performance according to the Scope of Work of the contract. The Administering Officer is the Regional Director or his designee. E. Reports The Contractor shall prepare and deliver: - reports to the Commission as follows: 1. Monthly progress reports on work done to be received at the Administering Office (Block 6, Standard Form 26) on or before the eighth day of each month for the duration of the contract, with copies to be furnished simultaneously to the Director, Office of State and Community Affairs, Equal Employment Opportunity Commission, Washington, D. C. 2. A final report regarding all contract activities which shall be due on J_ u,,ea0_ 197S 3. Any special reports requested by the Administering Officer or the Director, Office of State and Community Affairs, upon reasonable notice, for the purpose of securing particular information relative to the progress of the project. All progress reports and final reports shall be submitted to the Administering Office on such forms as the Director, Office of State and Community Affairs prescribes. F. -Contact for "Contract - Administration The Contractor designates the following person to be contacted during the period of the contract for prompt administration: NAME: Maurice L. Colvin TITLE: gin Relations Administrator ADDRESS: P. 0. Box 9277, Corpus Christi, Texas 78408 TELEPHONE: (512) 8843011, Eat. 277 G. Acknowledgement of Sponsorship I. The Contractor agrees that in the communication or release of all information concerning work performed or work to be performed under this contract, such communi- cation or release, whether in writing or otherwise, shall be jointly approved by the Administering Officer and the Contractor, and shall include a statement to'the effect that the project or effort depicted was or is co- sponsored by the Equal Employment Opportunity Commission. 2. For the purpose of this clause "communication or release of all information" includes, but is not limited to news releases, articles, brochures, advertisements, still and motion pictures, speeches, trade association meetings, symposia, radio announce- ments, and oral or written statements about the project of any nature or kind. 3. The Contractor shall submit, as they become available, copies of such written or printed data which will substantiate compliance with this section, e.g., newspaper articles, bulletins, special releases. 4. The Contractor further agrees to include paragraphs 1, 2 and 3 of this section in any subcontract awarded in conjunction with this contract. H. Rights in Data The Government and the Contractor shall exercise joint ownership over all case files, whether of individual or systemic charges, created and developed in the performance of this contract. The Government shall have access to such case files at all reasonable times while they are in the possession of the contractor. The Contractor shall have access to such case files at all reasonable times while they are in the possession of the Equal Employment Opportunity Commission. No case files, reports, studies, findings, or other information collected or created in the performance of this contract shall be released by the Contractor except as authorized in accordance with paragraph II -J (Confidentiality), infra. I. Indemnification The Contractor agrees to indemnify and save harmless the Government, its officers, agents, employees and assigns, for all claims of any nature, including costs and expenses arising out of the services performed by it, its employees, or agents, for the use or violation of many copyrighted material, literary property, or patented items in the performance of this contract, or for their use by the Government or any department, officer, agent or employee thereof. It is understood that the above is applicable to all copyrighted material, whether the Contractor's or otherwise. J. Confidentiality The Contractor shall not make public in any manner any Commission furnished case files, EEO report forms by individual respondents, or the names of parties and facts" of any -ase which it is investigating, conciliating, or otherwise acting upon for the Commission without first obtaining the written consent of the Administering Officer, unless the contractor shall be instituting a proceeding under the state or local anti - discrimination law. K. Option to Renew = The Commission reserves the right, subject to renegotiation, and upon mutual consent of the parties, to renew this contract by means of a written supplemental agreement in order to continue the availability of the contractor to assist in the enforcement of Title VII of the Civil Rights Act of 1964, as amended. This option to renew is exercisable for no more than three years from the completion date of this original contract. It is understood by the contractor that such option to renew may only be exercised by the Commission if appropriated funds are available in each .fiscal year of general performance for work described in the Scope of Work provisions of this contract. L. Purchase and.Rental of Equipment No item of Contractor - acquired property shall be leased when the rental cost for one year shall exceed the purchase price of the item. No item of Contractor - acquired property may be purchased when the purchase price exceeds the rental costs for one year without prior written consent of the Administering Officer. Items of Contractor - acquired property which have been purchased shall remain the property of the Government. At the expiration of this contract or upon the termination of this contract by the Government for any reason, the Contractor shall retain possession and control of Contractor - acquired property purchased with funds received under this contract until such time as the Contracting Officer shall, in writing, notify the Contractor of the disposition of such surplus property. M. The parties agree that the telegraphic messages passing between them on December 20, 1973, and March 18 1974 setting forth the work to be done by the Contractor and the amount of money to be paid are superseded by this contract. Therefore, funds issued to the Contractor under authority of said telegrams are deemed to have been issued under this contract. SCHEDULE A 1. The Agency, as the Contractor, convenants and agrees for adequate consideration, as stated in Section II, C, below, during the term of this contract, to investigate and make a finding whether reasonable cause exists to believe that discrimination has occurred regarding a minimum of 6_ charges which have been or will be deferred to the Agency by e Commission. The District Director shall be responsible for transmitting charges to the Agency. The Agency further convenants and agrees to enter into conciliation negotiations and attempt to settle all charges with all respondents against whom the Agency finds reasonable cause. The Agency will conciliate a minimum of 20 such charges. 2. All charges which are received by the Agency for administering under Section I, Schedule A, above, shall be processed as follows: (a) All charges will be evaluated and determination made in accordance with the theories of non - discrimination in employment as developed under Title VII of the Civil Rights Act of 1964, as amended. (b) All charges will be processed by the Agency in a manner consistent with standards prescribed in the Commission's Compliance Manual (1973 edition), and amendments. (c) Investigation and conciliation of individual charges under this section shall be conducted in a manner designed to effectuate relief for the charging party and shall be carried out as expeditiously as possible. (d) Charges processed pursuant to this section will be designated on a monthly status report from the Agency to the Commission's District Office. Any final Agency action will be immediately reported to the District Office of the Commission. 3. The Agency.further convenants and agrees to investigate and make a.finding whether reasonable cause exists to believe that discrimination has occurred in a minimum of 2 cases involving systemic patterns and practices of discrimination. ,The Agency will attempt to conciliate a minimum of 1 such cases. 4. Cases involving systemic patterns and practices of discrimination shall be identified and processed as follows: (a) The Agency shall endeavor to identify through analysis of its unprocessed charges those respondents against whom more than one charge exists and with respect to whom multiple or class issues are raised. (b) Thereafter, without duplicating any investigations which the Commission has commenced or is about to commence, the Agency in conjunction with the Regional Director, or his designee, shall select for processing under Section 3, Schedule A, above, charges against those respondents which can be consolidated into cases involving patterns and practices of discrimination. (c) All such systemic charges shall be investigated and evaluated, and determinations made in accordance with the theories of non - discrimination in employment as developed under Title VII of the Civil Rights Act of 1964, as amended, and the Commission's Compliance Manual (1973 edition) and amendments. (d) In addition to the requirements of Section 2(d), Schedule A, above, 'in all systemic cases in which the Agency determines that reasonable cause exists, the Agency shall prepare a written, specific conciliation agreement designed to outline practices to be changed or procedures to be undertaken by the employer or union to eliminate discriminatory systems or practices; reporting systems to permit verification of compliance; and enforcement provisions to become operative if the agreement is violated. The Agency will attempt to negotiate acceptance of said agreement. Where individual deferred charges are contained in the case the Agency will simultaneously attempt to achieve relief for the charging parties. 5. All unfinished systemic case work remaining from earlier contracts and will be reviewed an —analyzed so t (a) Where feasible, deferred charge consolidation may be incorporated into those ongoing investigations and concili- ations; and (b) Cases against respondents presently under systemic scrutiny by both the Agency and the Commission may be closed in a manner consistent with the Agency's statutory mandate and procedures; to be replaced by other targets more conducive to charge resolution and elimination. • 100 PERSONAL SERVICES 101 Salaries 109 Retirement Total PROPOSED BUDGETS 1974 -75 HUMAN RELATIONS $ 19,872 2,038 $ 21,910 200 MATERIALS AND SUPPLIES 240 Minor Tools and Equipment 243 Minor Office Equipment 244 Office Supplies Total 300 CONTRACTUAL SERVICES 328 Postage 332 Rentals 333 Car Allowance 345 Building and Equipment Maintenance 352 Membership and Training Travel 353 Operational Travel 362 Printing and Advertising Total TOTAL COMBINED OPERATING BUDGETS $ 50 1.000 $ 1,050 $ 800 600 45 2,500 1,225 2,500 $ 7,670 $ 30,630 $ 57,830 • 706 AGENCY $ 23,053 2,619 $ 25,672 $ 100 100 300 $ 500 $ 50 150 300 50 300 128 50 $ 1,028 $ 27,200 As required by Federal Procurement Regulations, each agency • must submit a justification for advance payments. The language is as follows. The letter should be addressed to the Regional Office, dated December 31, 1973, and submitted with the signed contracts. The Human Relations Commission is a /local anti- discrimination agency operating under limited funding. In order for us to perform contractual obligations under the proposed contract with the Equal Employment Opportunity Commission, it will be necessary for this agency to receive an advance payment of three months. r • GSA SUPPLEMENTAL PROVISIONS The "Supplemental Provisions" set forth in this form supplement and modify those in Standard Form 32, General Provisions (Supply Contract) and Standard Form 33A, Solicitation Instructions and Conditions. These provisions are incorporated by reference into the Contract on P. 3, I, B. • �0. Examination of Records (a) Amendment of SF -32.- Article 10, Standard Form 32, is deleted and the following substituted: Examination of Records by Comptroller General (a) This clause is applicable if the amount of this contract exceeds $2,500 and was entered into by means of negotiation, including small business restricted advertising, but is not applicable if this contract was entered into by means of formal advertising. (b) The Contractor 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 Regulations 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 Contractor involving transactions related to this contract. 22. Utilization of Labor Surplus Area Concerns Article 22 of Standard Form 32 is deleted and the following substituted: (The following clause is applicable if this contract exceeds $5,000.) (a) It is the policy of the Government to award contracts to labor surplus area concerns that (1) have been certified by the Secretary of Labor (hereafter referred to as certified - eligible concerns with first or second preference) regarding the employment- of a proportionate number of dis- advantaged individuals and have agreed to perform sub- stantially (i) in or near sections of concentrated unemploy- ment or underemployment or in persistent or substantial labor surplus areas or (ii) in other areas of the United States, respectively, or (2) are noncertified concerns which have agreed to perform substantially in persistent or substantial labor surplus areas, where this can be done consistent with the efficient performance of the contract and at prices no higher than are obtainable elsewhere. The Contractor agrees to use his best efforts to place his subcontracts in accordance with this policy. (b) In complying with paragraph (a) of this clause and with paragraph (b) of the cluase of this contract entitled 'Utilization of Small Business Concerns" the Contractor in placing his subcontracts shall observe the following order of preference: (1) Certified - eligible concerns with a first • preference which are also small business concerns; (2) other • certified - eligible concerns with a first preference; (3) certified - eligible concerns with a second preference which are also small business concerns; (4) other certified - eligible concerns with a second preference; (5) persistent or sub- stantial labor surplus area concerns which are also small business concerns; (6) other persistent or substantial labor surplus area concerns; and (7) small business concerns which are not labor surplus area concerns. 26. Interpretation of Contract Requirements No interpretation of any provision 'of this contract, including applicable specifications, shall be binding on the Government unless furnished or agreed to in writing by the Contracting Officer or his designated representative. 40. Renegotiation The following renegotiation clause shall apply unless the contract calls for delivery to a GSA supply distribution facility or a Government agency not included in the Renegotiation Act of 1951. The contract is subject to the Renegotiation Act of 1951, as amended, and shall be deemed to contain the provisions required by Section 104 thereof. The extent of renegotiation will be determined in accordance with regulations under the Act. The Contractor agrees to include this renegotiation clause (including this sentence) in each subcontract made to perform any part of the work or to furnish any materials required for this contract. 47. Notice to the Government of Labor Disputes (a) Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to the Contracting Officer. (b) The Contractor agrees to insert the substance of this clause, including this paragraph (b), in any subcontract hereunder as to which a labor dispute may delay the timely performance of this contract; except that each such sub- contract shall provide that in the event its timely per- formance is delayed or threatened by delay by any actual or potential labor dispute, the subcontractor shall immediately notify his next higher tier subcontractor, or the prime contractor, as the case may be, of all the relevant information with respect to such dispute. 07. Utilization'of Minority Business Enterprises (The Utilization of Minority Business Enterprises clause is applicable to all contracts in amounts ;which may exceed $5,000 except (1) contracts which, including all subcontracts thereunder, are to be performed entirely outside the United States, its possessions, and Puerto Rico and (2) contracts for services which are personal in nature.) (a) It is the policy of the Government that minority business enterprises shall have the maximum practicable opportunity to participate in the performance of Government contracts. (b) The Contractor 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 business, 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. Contractors may rely on written representations by subcontractors regarding their status as minority business enterprises in lieu of an independent investigation. 58. Listing of Employment Openings (This clause is applicable pursuant to 41 CFR 50 -250 if this contract is for $2,500 or more.) (a) The Contractor agrees, in order to provide special emphasis to the employment of qualified disabled veterans and veterans of the Vietnam..era, that all suitable employ- ment openings of the Contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occuring at an establishment other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be offered for listing at an appropriate local office of the State employment service system wherein the opening occurs and to provide such reports to such local office regarding employment openings and hires as may be required: Provided, That if this contract is for less than $10,000 or if it is with a State or local govern- ment the reports set forth in paragraphs (c) and (d) are not required. (b) Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment service or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and non - veterans. This listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the Contractor from any requirements in any statutes, Executive Orders, or regulations regarding nondiscrimination in employment. (c) The reports required by paragraph (a) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the appropriate local office:or, where the Contractor has more than one establish- ment in a state, with the central office of the State employment service. Such reports shall indicate for each establishment (i) the number of individuals who were hired during the reporting period, (ii) the number of those hired who were disabled veterans, and, (iii) the number of those hired who were non - disabled veterans of the Vietnam era. The Contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made under this contract. The Contractor shall maintain copies of the reports submitted until the expiration of 1 year after final payment under the contract, during which time they shall be made available, upon request, for examination by any authorized representatives of the Contracting Officer or of the Secretary of Labor. (d) Whenever the Contractor becomes contractually bound by the listing provisions of this clause, he shall advise the employment service system in each State wherein he has establishments of the name and location of each such estab- lishment in the State. As long as the Contractor is con- tractually bound to these provisions and has so advised the State employment system, there is no need to advise the State system of subsequent contracts. The Contractor may advise the State systems when it is no longer bound by this contract clause. (e) This does not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. M This clause does not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer - union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outise of his own organization or employer -union arrangement for that opening. (g) As used in this clause: (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and nonproduction; plant and office; laborers and mechanics; supervisory and nonsupervisory; technical; and executive, adminis- trative, and professional openings which are compensated on a salary basis of less than $18,000 per year. The term includes full -time employment, temporary employ- ment of more than 3 days' duration, and parttime employment. It does not include openings which the ., Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. (2) "Appropriate office of the State employment service system" means the local office of the Federal -State national system of public employment offices with assigned responsibility for serving the area of the establishment, where the employment opening is to be filled, including the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the Contractor's own organization ( includin any affiliates, subsidiaries, and parent companies, and includes any openings which the Contractor proproses to fill from regularly established "recall" or "rehire" lists. (4) "Openings which the Contractor proposes ... to fill pursuant to a customary and traditional employer -union hiring arrangement" means employment openings for which no consideration will be given to persons outside of a special hiring arrangement, including openings which the Contractor proposes to fill from union halls, which is part of the customary a:3d traditional hiring relation - ship which exists between the Contractor and repre- sentatives of his employees. (5) "Disabled Veteran" • disability compensation under lawsradministered by Veterans Administration for a disability rated 30 percentum or more Y the release from more or person whose discharge or or aggravated in line of dutyfor a disability incurred (6) "Veteran of the Vietnam era" means a ' who (i) served on active duty with the person (A) for a period of more than 180 wi s Armed Forces occurred after August 5, 1964 Y any part of which catioor released within the 48 monthsnprecedin his ad cation for employment covered by this clause. appli- n If any disabled veteran or veteran of the Viet that the Contractor for any first -tier Vietnam era contract clause relating comply with the provisions coftthisor) to veterans g to giving special emphasis in employment the veterans' employment such veteran may afile a complaint with employment service office a local State who will attempt resolve the complaint and then refer the complaint with a report on the atte t to informally Office of the Veteransto resolve the matter to the State Of Labor. Such co laintmPloYment Service of the Department through the Reg ionall shall then be promptly referred of Labor who sall in Manpower Administrator to the Secretary take such action thereon asathe factsoandacircumstances warrant consistent with the terms of this contract and the laws and regulations applicable thereto. (i) The Contractor agrees to place this clause this paragraph (i)) in any subcontract directly unederuthis contract. 59. 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 C 1 -15) or Section ment Regulation XV of the Armed Services Procure- . gulation in effect on the date of this contract. 60. Payment of Interest on Contractors' Claims (This clause is applicable to all contracts which contain a Disputes clause except for small purchases covered by 1 -3.6.) (a) If an appeal is filed by the Contractor 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 Contractor. 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 Contractor furnishes to the Contracting Officer his written appeal under the Disputes clause of this contract, to the date of (1) a final judgment by a court of competent jurisdiction, or (2) mailing to the Contractor of a supplemental agree- ment 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 Contractor has unduly delayed in pursuing his remedies before a board of contract appeals or a.court of competent jurisdiction. • STANDARo want 32 ' a yew comer aanrer revxn vo,nwtw.rw. rte .vac ua u, GENERAL PROVISIONS L DEmTTmobm As used throughout this contract, the following terms shall have the mennine set forth below: (a) The term "head of the agency" or "Secretary" 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 persona or board Inther then the Contracting Officer) authorized to act for the head of the ageney. 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 desgnated Contracting OtRcei, and the term includes. except as other- wise provided in this contract, the authorized representative of a Contracting OtRcer acting within the limits of his authority. (c) Except as otherwise provided in this contract. the term "subcontracts" includes purchaseordersundarthiscontracL 3. CHAN= The Contracting Officer may at any time. by a written order. and without notice to the sureties, make changes, within the general scope of this contract. In any one or more of the following: (1) Drawinm designs. or specifications, where the supplies to be furainhed are to be specially manufactured for the Government in aceardance therewith: (ii) method of shipment or packing•, and Rio place of delivery. If any such choose causes an increase or decreaee in the cost of, or the time required for, the performance of any part of the work under this contract. whether changed or trot 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 Contractorfor adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change: Prodded, hmserrr, That the Contracting Officer, if he decides that the facts justifysuch action, may receive and act upon any such claim asserted at any time prior to final Payment under this contract. Where the cast of property made obsolete or excess as a result of a change d included In the Can' tractor's claim for adjustment. the Contracting Officer 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 meaningof the clause of this contract entitled "Disputes." However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. 8 EXTRAS Except as otherwise provided in this contract. rm payment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Officer, 4. VARGTTON rN QUANTITY No variation in the quantity of any item called for by this contract will be accepted unless such variation has been caused by conditions of loading, shipping, or packing. or allowances in manufacturing processes. and than only to the extent, if any, specified elsewhere in this contract. L INSPECTION (a) All supplies (which term throughout this claims includes without limitation raw materials, components, intermediate 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 rave any supplies or lots of supplies are defective in material or workmanship or otherwise not in conformity with STANDARD FORM 32 vow wee a- the requirements of this enniratt, the Government shall have the right eitherto reject them (wither without instructions as to their disposition) or to require their correction. Supplies or Iota of Supplies which have been rejected or required to be carrected 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 correc. thin is disclosed. If the Contractor fails promptly to remove ouch .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 m the Contractor the cost occas(orrod the Government thereby, or (ill may terminate this contract for default as provided in the clause of this contract entitled "Default" Unless the Contractor corrects or replaces such supplies within the delivery schedule, the Contracting Officer tray require the delivery of such supplies at a reductir•n in price which ti equitable under the eirrumetsncea Failure m agree to such reduction of price shall be a dispute concerning a question of feet within the meaning of the clause of this contract entitled "Disputes." (c) If any inspection or teat is made by the Government on the premises of the Contractor or a subcontractor, the Contractor without additional charge shall provide all reasonable factlittes and assistance for the safety and convenience of the Government Inspectors in the performance of their duties. If Government inspection 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 ae otherwise provided in this contract: Provided That in case of rejection the Government shall not be liable for any reduction in valueof samples used in connection with such inspection or test All Inspections and tests by the Govern- ment shag be performed in such a manner as not to unduly delay the work. The Government reserves the right to charge to the Contractor any additional met of Government inspection and test when supplies are not ready at the time such inspection and teat is requested by the Contractor or when reinspection or retest is oars aitated by prior rejection. Acceptance or rejection of the supplies shall be made as promptly as practicable after delivery, except as otherwise provided in this contract; but failure to inspect and accept or reject supplies shall neither relieve the Contractor from responsibility for such supplies as are not in accordance with the contract requirements nor Impose liability on the Government therefor. (d) The inspection and teat by the Government of any supplies or lots thereof does not relieve the Contractor (rare any respond. bGity regarding defects or other failures to meet the contract requirements which may be discovered prior to acceptance. Except as otherwise provided in this contract. acceptance shall be conclusive except os regards latent defects, fraud, or such gross mistakes as amount to fraud. (e) 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 the performance of this contract and for shch longer period as may be specified elsewhere in this contract. A RFSPON'e®11,1TY FOR SUPPLIES Except as otherwise provided in this contract, (1) the Contractor shall be responsible for the supplies covered by this contract until they are delivered at the designated delivery point. record- fees of the point of inspection; tii) after delivery to the Govern. ment at the designated point end prior w acreptanre by the Government or rejection and riving notice thereof by thr Govern- ment. the Government shall be responsible for the lass or destruc- tion of or damage to the supplies only if such loss, destruction, or damage results from the negligence of officers, agents, or employees of the from acting within the scope of their employment; and Bill the Contractor shall bear all risks as to rejected supplies after notice of rejection. except that the Govern. meat shall be rrsp+nsihle for the loss. or destruction of, or damage to the supplies only if such loss, destruction or damage results from the gross negligence of otOcers, agents. or employees of the Government acting within the scope of their employment T. PAYNTEN'M The Contractor shall be paid, upon the submission of proper Invoices or vouchers, the prices stipulated herein for supplies delivered and accepted or sonices rendered and accepted. less deductions, if any. as herein provided Unless otherwise specified. Payment will be made an partial deliveries nerepted by the Gov- ernment when the amount due on such deliveries so warrants; or, when requested by the Contractor, payment for accepted pur- tial deliveries shall be made whenever such payment would equal or exceed either $1,000 or 50 percent of the total amount of this eontML 9. AffiG -NmExT OF CLAms (a) Pursuant to the provisions of the Assignment of Claims Act of 1940. m amended (31 U.S.C. 203, 41 C.S.C. 15), If this can. tract re provides for payments aggregating $1.00 or more. claims for moneys due or to become due the Contractor from thoGovern- rnenl under this contract may be assi coed to a bank, trust com- pany, or other finanring institution. including any Federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any such assignment or re- assignment 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 massienment 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 setoff. (The preceding sentence applies only if this contract is made in time of user or national emergency as defined in said Art and is with the Department of Defense. the General Services Administration, the om Atle Energy Commission. the National Aeronautics and Space Administration, the Federal Aviation Agency. or any other de- partment or agency of the United States designated by the President pursuant to Claube 4 of the proviso of section 1 of the Assignment of Claims Act of 1940, ns amended by the Act of May 15,1951, 65 St¢L 41.) (b) In no event shall copies of this contract or of any plans, specifications. or other similar doruments relating to work under this contract if marked `Tap Secret" "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 eo marked may be furnished, or any information contained therein may be dis- closed, to such - signee upon the prior written authorization of the Contracting Officer. 9. ADOmOYAL BOND SECURITY If soy surety upon any bond furnished in connection with this contract becomes unacceptable to the Government or if any such surety fail. to furnish 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 time to protect the interest. of the Government and of persons supplying lulmr or materials in the prosecution of the work contemplated by this contract 10. EEA.yD\AT(UY OF RECORDS (The following clause is applicable if the amount of this contract exceeds S-L.+00 and was entered into by means of negotiation, but Is not applicable if this contract was entered into by means of formal advertising.) (a) The Contractor agrees that the Comptroller General of the United States or any of his duly authorized repreacntativra shall. mtR expiration of :1 years after final payment under this con- tract, or of the time periods for the particular records sprnfied in Part 1 -20 of the Federal Procurement Regulations (41 CFR 2 �J Part 1 -204 whichever expires earlier. have aceeas to and the right toexamine any directly pertinent books documents. papers, and records of the Contractor involving transactions related to this contract (b) The Contractor further agrees to Include In all his sub. contracts hereunder a provision to the etyect that the eubrnntrae- tor agrees that the Comptroller l',eneral of the United States or any of his duly authorized representatives shall, until expiration of 3 year after final payment under the subrontract- or of the time periods for the particular records sperified in Part 1 -20 of the Federal Procurement degulat(on. Hl CFR Pan I -101. which. ever expires earlier. have access to and the right to examine any directly pertinent books. documents, papers, and records of such subcontractor, involving transactions minted to the sub- contract The term - subcontract' ns used in this clause excludes (I) purchase orders not exceeding $2.500 and (2) subcontracts or purchase orders fur public utility services at rates established far uniform applicability to the general public, -11. DEFAULT (a) The Government may, subject to the provisions of para- graph (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 to perform the services within the time sperdded herein or my extension thereof: or (H) If the Contractor falls to perform any of the other pm visions of this contract or so fails to make progress as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of 10 days (or such longer period ac, the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure. (b) In the event the Government terminates this contract in whole or in pan u 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 vosta for such similar supplies or aemcea; Pmrided,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 default- of subcontractor., the Contractor shall not M liable for any excess costs if 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. seta of God or of the public enemy, acts of the Government in either its sovereign or con - troetuel capacity, fires, floods, epidemics. q.- iintme 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 subcontractor. and If such default arises out of causes beynd the control of both o the Contractor and subcontractor, and without the fault or negligence of either of them, the Contractor shall not be fiable for any excess costs for failure to perform, unless the supplies 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 w transfer We and deliver to the Government in the manner and to the extent directed by the Contracting Officer, (I) any completed supplies, and till such partially completed supplies and materials. part., colL, dies jig., flxtures, plans, drawings infrrmation. and contract rights (hereinafter called `manufacturing ma, tenals") as the Contractor has specidenHy produced or specifically acquired for the performance of such part of this contract as has been terminated; and the Contractor shall, upon diredmn 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 1• STANDARD FOM 32 eor rvw cocas Government shall be at the contract price. Payment for manu- facturing materials delivered to and accepted by the government and for the protection and preservation of property shall be in an amount agreed upon by the Cataract- and Contracting Officer. failure to agree to such anmunt ahnll be a dispute eonceminp a question of fact within the meaning of the clause of this contract entitled •Dispute. "The Government may withhold from amounts otherwise due the Contract- for such completed supplies or manufacturing materials so en sum as the Contracting UtScer determine. to be neerssary to protect the Government axmnat Imo 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 wait not in default under the provisions of this clause. or that the default was exeusuble under the provisions of this clause, the rights and obligations of the parries shall, if the con- tract contains a clause providing for termination for convenience of the Government be the wine as if the notice of termination had been issued pursuant to such clause. If. after notice of terml- nation of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default wider the provisions of this clause, and if this contract does not contain a clause providing- fur termination for conventence of the Government, the contract shall be equitably Adjusted to com. pewaate for such termination and the contract modified accord - Ingiy. failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." If) The rights and remedies of the Government provided In this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract (g) As used in paragraph (c) of this clause, the terms "sub. �smtractw" and "subcontractors" mean subcontractor(e) at any tier. Ds. DISPUTE (a) Except as otherwise provided in this contract any dispute concerning a question of fact arising under this correct which 1s not disposed of by agreement shall be decided by the Co.. traeling Officer. who shall reduce hie decision to writing and mall or otherwise furnish a copy thereof to the Contractor. The derision of the Contracting Officer shall be final and conclusive tmlea, within 30 days from the date of reciept of such copy, the Contractor mails or otherwise furnishes to the Contracting Off. a written appeal addressed to the Secretary. The decision of the Secretary or his duly authorised representative for the determination of such appeals shall be dnal and conclusive unless determined by a coon of competent jurisdiction to have been fraudulent or capricious, or arbitrary. or m grossly erroneous M necessarily to imply bad faith. or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor &hall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. (b) This "Disputes" clause does not preclude consideration of law questions in connection with decision. provided for in pare- graph (a) alcove: Prueided. That nothing in this contract shall be construed as making final the decision of any administrative official, representative, or Maid on a question of low. IS. NOTICE AND A&RUEANM REGARDING PATENT AND COPYRIGHT INTUMGMIENT The provisions of this clause shall be applicable only If the amount of this contract exceeds $1 OMAJ. (a) The Contractor shall report to the Contracting Officer, promptly and in.rcasanable written detail. each notice or claim of patent or copyrfkyt 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 an account of any alleged patent or copyright infringement STANDARD FORA' 32 ear raw rm�os 3 . wising ant of the performance of this contract or out of the was of any supplies furnished or work or services performed here- under, the Contractor shall furnish to the Governmem when requested by the Contracting OtSrer.all evidence and information in possession of the Contractor pertaining to such suit or clam. Such evidence and information shall be furnished at the expense of the (lorernment except where the Contractor has agreed to indemnify the Government 14..BUY AMERICAN ACT (a) In acquiring end products. the Buy American Act (41 -U,S. Code 10 a-d) provides that the Government Rive preference to domestic source end products. For the purpose of this clause: G) "Components" means those articles. materials, and sup - plim which are directly incorporated in the and products; OO "End products" means those articles, materials, and - supplies, which are to be acquired under this contract for public use; and (111) A " dommtic source end product- means (A) an unmanu- facwred end product which has been mined or produced in the United Stoles and (B) an end product manufactured in the United States if the cast of the components thereof which are mined, produced, or manufactured in the United States exceeds 50 percent of the cast of all Its components For the purposes of this WXHIRBI, components of foreign origin of the same type or kind as the products referred to in tb) dill w0ii) of this clause shall be treated w components mined. produced, or manufao tured in the United States. (b) The Contractor airmen that there will be delivered under this contract only domestic sources end products, except end products: It) Which are for use outside the United States; RD Which the Government determines are not mined, pro- duced. or manufactured in the United States in sufficient and resmnably available commercial quantities and of a Anus - factory quality; (DD As to which the Secretary determines the domestic prefer - ence to be inconsistent with the public interest: or Cm) As to which the Secretary determines the cast to the Government to be unreamoeble. (The foregoing requirements are administered In accordance with Executive Order No. 105s2, dated December 17, 1054.) its. COYYICT 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. 16. CONTRACT WORK HOURS AND SAFETY STANDARM ACT - OVEITTO)E CONPEKSA7IOY This contract, to the extent that it is of a character specified in the Contract Work Hours and Safety Standards Act (40 UaC. 327 -33), is subject to the following provisions and to all other applicable provisions and exceptions of such Act and the reguls. tions of the Secretary of Labor thereunder. (a) Overtime requirements. No Contractor or subrntractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic 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 nn work subject to the provisions of the Contract Work Houn and Saiety Standards Act unless such laborer or mechanic receives compen- nation at a rate not less than one end one-half times his basic rate of pay for all such boom worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, which- ever is the greater number of overtime hours (b) Violation; liability for unpaid Doges; 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 addi. tion, such Contractor and subcontractor shall be liable to the United States for liquidated dameaes. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the pmrtwons of paragraph (a) in the sum of Sin for each calendar day on which such employee teas required or permitted to be employed on such work in excess of eight hours or in excess of his standard workweek of forty hours without payment of the overtime wages required by paragraph (a). (d Withholdim a for unpaid wages and liquidated damages. The Contracting Officer may withhold tram the Government Prime Contractor. from any moneys payable on account of work per. formed by the Contractor or subcontractor. such sums as may administratively be determined to be neresmary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions of parm- graphtb). (d) Subcontracts. The Contractor shall insert paragraphs (a) through (dl of this clause in all subcontracts, and shall require their Inclusion in all subcontracts of any tier. (e) Records The Contractor shall maintain payroll records containing the information specified in 2u CFR SI84a). Such records shall be preserved for three years from the completion of the contracL 27. WAISH- HEALEr R BuC CONTRACTS Acv If this contract Is for the manufacture or furnishing of material% supplies, articles. or equipment in an amount which exceeds or may exceed 8I0.00 and is otherwise subject to the Walsh- Healey Public Contracts Act. as amended 141 US Code 85 -45), there are hereby incorporated by reference all rep -mon- union and stipulations required by said Act and regulations Issued thereunder by the Secretary of Labor. such representa- tions and stipulations being subject to all applicable rulings and Interpretations of the Secretary of Labor which are naw or may hereafter he in effect IS. EQUAL OPPO6ru %= Me followingeleuse is applicable unless this contract is exempt under the rolm regulations and relevant orders of the Secretary of Labor H1 CFR, ch. 6011 During the performanco of this contract. the Contractor agrees m 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 record to their ram color. religion, sex, or national omgia Such anion shall include. but not be limited to, the following: Employment. upgrading, demotion, or transfer, recruitment or recruitment ndvenisinm layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, The Contractor agrees to poet in conepieuuue places available to employees sad applicants for employment. notima to be provided by the Con. tracting 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 employ- ment without regard to race, color. religion, sex. or national origin. (e) The Contractor will ,end to each labor union or represents time of workers with which he has a collective bargaining agree- ment or other contract or understanding. a notice. to be provided by the agent; Contracting 011imr. advising the labor union or markers' representative of the Contractors commitments under this Equal Opportunity clause, and shall past copies of the notice - conspicuous places available to employees and applicants far employ —L (d) The Contractor will comply with all provisions of Executive Order Na 11236 of September '214. 196.5- and of the rules. regale. tion, and relevant orders of the 3ecreary of Labor. (e) The Contractor will furnish all information said reports required by Executive Order No. 11236 of September 23. UH15. and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. and will permit access to his barks. records, and arcounts by the contracting agency and the Secre- tary of Labor for purposes of investigation to ascertain compliance with much rules, regulations, and orders. (f) in the event. of the Contractor'. no MPIIm with the Equal Opportunity clause of this contract or with any of the said rules, regulation. ar orders. this contract may 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. 11246 of September 24. 1965. and such other sanctions may be )mposaa and ramedles invoked as provided In Executive Order No. 11236 of September it. 1965. or by role. regulation, or order Blithe Secretary of Labor. or a; otherwnse provided by law. (g) The Contractor will include the provisions of paragraphs (a) through iff) in every subcontract or purchase order unless exempted by rules. regulations. or orders of the Secretary of Labor issued pursuant to section 2u4 of Executive Order No. 11246 of September 24. 1966, so that such provisions will be bending upon each subcontractor or vendor. The Contractor will take much action with respect to any- subeintra ri or purchase order Be the cow -ning . agency may direct as a means of enforcing such provisions. including sanctions for noncompliance: Provided. koaerer. That in the event the Contractor becomes involved in, or is threatened with. litigation with a subcontractor or vendor as a result of such direction by the contracting agency. the Con- tractor may request the United States to enter into such litigation to protect the Interests of the United State. 1% OFFICIALS NOT TO BENII'rP No member of or delegate to Congresa,or resident Commise(ener. shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made vAth a corporation far its general beneflt. 20. COVENAAT ACAEM CON7rWENT FEES The Contractor wurrents 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 minno —al or selling agencies maintained bytheContranor 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 tram the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 21- UMIZATION OF SSIALL 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 Government be placed with small business concerns (b) The Contractor agrees to accomplish the mmdmum amount of subcontracting to small business concerns that the Contractor fads to be consistent with the efficient performance of this cont—L 22. 117LLEAi7oN of CoNCERNs IN LABOR SURPLUS AREAS (The following clause is applicable if this contract exceeds 68.000.1 It is the policy of the Government to place contracts with concerns which will perform much contracts substantially in or near concentrated unemployment or underemployment sections of States or In areas of persistent or substantial labor surplus. where this can be done consistent with the efficient performance of the contract and at prices no higher than are obtainable else- where. The Contractor agrees to use his beet effects to place his subcontracts in accordance with thim policy. In complying with the foregoing and with paragraph (b) of the clause of this contract entitled "Utilization of Small Business Concerns- the Contractor in placing his subcontracts shall observe the following order of preference: (a) Cenified- eligible concerns which are alma mmall business ..m-m: 4b) ether certified - eligibly concernm: l ri permnst. ant labor surplus area concerns which are also small business concerne: (dl other persistent labor surplus area concerns; gel sub aantial labor surplus area concerns which are alsosmall business ram: (f) other substantial labor surplus area concerns: and (g) small business cone-mi which are nut labor surplus area correeras �1 �\ J 8 3 -30 -72 Part 1 -8 qW costs's na� d o :Arid ce bead¢ on ei'tertet.4l :be Can .actor et isls-concrnc: alit Lsrlhg a soz • %%%%%%////// f terminatad he :etmder,icr, to thotb �fit. tip provec)•by, the Cot:crin;•O;lltcr, hot/ gmpb /.talCrop hotot:aphs,Or thera 2 a /•i bit am thereof / j�%Z. 49 y �ff 've 6yf /2/70; F.R. 5296, effec- tive 3/31/72.1 N66,488j $1- .8.704 Rereorth and development contracts with "itcat(onal mid other nonprofit institutions. 11-&704-1 Termination clause. The following clause is applicable as Prescribed in § 1- 8.700 -2 (a) (S) : TY>; ATrOX FOE CO :•vet:iErres Or ZPE Gov£8.,•att \T (a) The perfcrnanco of work tinder this contract may be tarm:aa!ed, in whole or from time to tame In part, by the Govern- ment whenever ft: cry reason the Con - tracting Officer 31!1 determine -bat Such terminatlea Is in the best Interest of the Government. Termination of work bere- Under sball be elected by dell-ery to the Contractor of a Nnt!Ce Of TermlcaUun specl- fY1ng the extent to ai:h pet- o:marca of work under the contract is Unmated and the date upon which such term:nallon be- comes effective (b) After recelpt Of the N /Lice of Ter- initiation the Cea:rxc!`r shall cancel his outstandlhg Caairv:3eats hereunder earn. Ing the procurement of ms- a -ials, su?PUes. equlpm s cat. and mceitansous Items. In 8ddltlon, the CC¢t7ator shall exerts. flit reasonable dll! ;enre !a e.cro,pyeh the c]n- ¢ell.tlOh or dive s:ca of 11:3 nvtsta_d :ng commitments corer!_- ­r- ul vet 1— and extending b ^rind t::c !-4e of e.^h tian to the extent that they relate to the W-Ormsnce Of any work terminated by the hoUce. With te?per: to such canceled cam - mttments tha Contractor arrrees to (1) settle all au ;staid: - c :a•�[a erlaing out of aueh Caacetlatioa of commit- ments. with the app: oval or - ffeation of tha Cor•ae: ;- . -� : :: !.m : e rc-e= : - ^e ^11C feg64r j :htch app: -gal or rauaca:mn shall be 8nnl for all purposes of this clause, end (2) Us M. to the Ocre inner -. In the mnan- ur. a; tae t:= s. a_= :a :aa a ^err. 41r.aed by the Contracting o irer, all a.. tie r!c ed title, Lad Interest of tae Con: actor under the ordoa and subcnn:rares m •er,.trnled. In which ease the Government shall hive the right, In Its discretion. to ec :t:e or nay any or all claims arising out of the terminatloh of such orders and subcontracts. (ol The Contactor -hall Submit his ter- 47,995 minatlon claim to the Contracting officer promptly After recelpt of a Notice of Ter. mination, but In no event later than one year from the etrective date thereof. unless one Or more extensions to writing are granted by the u Contracng OP.ieer upon written re- quest of the Contractor wl -bin such ans- year period era authorized extension there". Upon IAUms of the Contractor to submit his termination clalm within the time allowed. the Contracting OMcor may, sub- ject to any review required by the contract. Ing agency's procedures In effect ale of the date of eteeutlon Of :h!s Contract, deter - mine, on the bails of infcroutUan available to trim, the anaount. if any, due to the Con- tractor by reason of the Lermmatlon and shalt thereupon pay to the Contractor the amount so detetizaed. (d) Any determination Of Costa under paragraph (e) sball he governed by the con- tract coat prIne :plea san p:orodures In Sub - port 1 -15.3 of the Federal procurement regu. lattons (41 CFR 1 -15.31 In cTect on the date cf this contract. except tha: if :he Contractor IB not an ednC3L1aIL11 Ins :l :ittlan say calls etalmed, aErcad to, or determlrcd pnreuant to Paragraphs (c) or (a) hereof shall be in noccmance with 8ubpatt 1 -152 of tae Fed - en{ praeuremeat rey tlatioas (41 CFR I -152) In effect on the dare of this contract. (e) Sub!ect to tha provistoas of paragraph (o) above, and subject to any review re- quired by the contracting vpncys prat, duree in erect AS of the date of esecuuon Of this contract, the Ccn•.ractor and the COnt -acts; pr =sr map age. upon the whole or flay part a: tba a_ Oun; or amounts to be paid to the Cohtrae-cr by re> son of the Larmlha :lon under *his c.'cuse, which ammrat or amounts I= include any reasonable csa- eetlat:on Charges thereby incurred by the Contractor and any reasonable loss unon outstanding eommltments for personal aerv- Ices which he La unable to cancel: Provided. hoverer, That In connection with =7 out - smrd:ag cent±:! -ens .tr tnrsoaal sinless which the Contractor is tunable to cancel, the Contractor shs'.l bull oreret er! :c_san- able tvn: cave to el -era: such cLW: nImtante to his Other eCUVltie� and operations. Any such agreement shall bo embed!ed In an amendment to thla contract Wait the Con- tractor shall be paid the --reed amount. (f) .".-o Go: c.^ -areas may from time to time. nadir such terms and conditions es it may Prescribe, make Y'rt121 p -ymen% eonamuon with the terminated portion oI this eontraet whenever. In the opinion of the Contrae:ln Or.n . • -_ C. -cCh pa: nie¢[a 15 :Ytaln LO annum to which !be Contra. -or will be Ant• :fed here- under. If the total of such payments 1s in excess of the amount iLlal] n--reed or deter. mined to be due under this clause, such exeasa shall be parable by the Contraeor m the Government upon demand: Provided. That if such cxc�as 15 not eo paid upon de- MArAL mterrat .hereon &UU be payable by Governitmt.Contracts Reports - FPR 1- 8.704 -1 166,488 • • 47,996 the Oontreetar m the Government at the fete of 6 percent per Onnum, beetnning 30 days from the date of m1eb demand, (g) The Contractor agrees to traatfe, title to the Government and deliver to the manner, at the times, and to the extent, If any, turreted bq the Conrraccing 0 -cer, such fnfo.-metlon and !teas rhtch, if the con- tract had been roxn:e:etl, could have baea requlrcd to be fu- -coshed to the Government. /nctudln ;: (1) Complete[ Or completed plans, drtuta�,s. gad Info,-matlor.: and (2) Alatcrlaly or equipment produced or In Process Or aequfred In WnP.ecueh with the perfo:maaee of the work turnaln ted by the notice. Othef than the above, any termimilcm In- vantory re;uttme from the te- rctnat :oa Of the cant may, arith the written approval Of ttio COntm - :mg oMcer, to sold or ac- gtdred by the Coatr2etOr under the coadl- tloha prey. -rl:t 1 by -ad at a price or prices approved by the Contract!¢3 O.^..cer. The Promcds of any sick d:cpc::::oa ehan he apphed to mduc-"! of any payments to be made by the Goer^ -.anent :o the Con_ actor under this cn�t act or shall othersris. be credited 1' the price or cost of work cov- ered py this contract or Paid In such other meaner as the Cmtra urc; Ozcer may dl- fect. Pending 31 tlspoait!on of property - arlalrg f.-nm he ttrmisat!D¢, c•.o Contractor agrcbs to t_tCa each ecunn ns'sv be neces- sary, or ea the coatmr.:ug O�cer may direct, for the p;oteetton and p rceerrat!oa of the goperty rusted to this co,-.,ac. whleh Is is the pwsesalon of the Contractor and In Zinc, the Coverammt hav or may acquire en Jntcrest. (h) Any dl?putes as to questlors of feet whloh may L. hereunder .1111 be sub- the "D!sputey^ clause of this contract. [37 F.F. 5296, effective 7. L 72.3 ... 1166,488 20.}1 §1���' -" g °- - ^•trd elatue for suh- t� - .':The 4l ,l et to•th n . v •me_.. !< •S"9csted7for use In a subcontract placed with an edurational or nenpro ^,t Snsti -/ /tutloli Pr6vldcd the subcontract Is placed /oVptdp no-Ice or no- profit -basis and pro( indlea clause 1s iiinsi bly Altered fl) F112 o lndthe clan eels suIshlp t:ce the e coat ,fpi p o,488.3(1 FPR 1- 6.7104 -2 FPR 8 3 -30 -72 ��g666,,44891 § 1 -8.705 Short-Corm ttirminmion' for I :,convenience: clauses' for fired -price `; 1pte contracts. /, / § 1- S.70r1 iContrdcis for supplies otrl The fcLow!ng clause 1s appllcable,as prescrib2d in n i- 8.700-2(a) (2): /// i aattDtr fns coc;vr[.-rC of /. ' Govrazvticvr / / n The Co>� etfng Olheer. by mitten notifa. may terminate this contract; in whoi�'w in apart, when It Is m the best lntetast,of the Government/ If this contract is•'or supplies 2 ci Ja an, t— mated, the Contractor ehan be compensated In acco:r.0 a,'.1tJ% Part 1-8 of the ^ederal Procnre.nent nceulatlons (41 C.=R 1-31. m Etc= an this contracts date. :o the extent that this contract is for cerv- ices!and Is so— r^itnated.,tho Government ahall'be 11Ab;e or'y for payment In accord - ance -with the ,payment prpvls!oas of this eeatract/f0r /ae: Ylc,�a :eadered prior to the eaecttve /of.te.- adaatlon. Pm ! Thh,l12i�mt clause 1s applicable ea l Presorlbedhi31- 190- 2(a)(6): / ATIOn tna CDYQpSIR32i pdt7lA/j �Tn.rtnctfn- 0°ice,. tt by in %- o notleo� maytetminaca the cpavact. in nnple ar 1n/ Tart, when It is In the Interest of 1re�GOd- er ::sent. If :his can —c. :a ttr:::t^.a:ed, ch. / I�`a- tr actor .hall be eomPm..c.)ed,IS a;eord- �a+u� Filth /1a.-t 1, oti]re Fedeal ProcurB- / meat tgs(tla ^.Ions (41 cra,f�3), m effect on this confrac's date/' , � /,err /§t1�U6 ��`bbconfrecC ..tbrminm(afi iI The fbllou.!no'terni!natlon clause SMUSLA for USe ir(fIXed- prlCeAubcon /( ( e rfotteaace oftr�k mmde contract y�be terminatstl, IIY wpble or Srom tlm m:ume 1¢,paccS�'' bq�thp�buv r la aeeorda d. Ath this cl6us . Terms atloa of work h reuuder, shall be eaefte¢'by de- nrery !tae se}16r oYaAotica of/rermina- Inc. Ell -� o • 47,739 -2 FPR 114 2 -13 -74 'production, and startup or other nonce- - Currirg costs for the purpose of obtain. Ing the first production contract and of gaining an advantace Over competitors In =otiat!ons for future procurements, It is Imponant to know wheth?r the offeror intends to absorb anyportion of these costs or whether he plans to re- cover them In conneedon with subse- quent pritln3 actions under the propo3ed or future contracts. This information is needed in evaluating comp, ppro- ,' posals to deter_^.tne iv!:Ich propoStil Is /raostlikely is result In the lowFsf dverall j� COSt to the Government. particularly Uwhere the successful offerof is likely to become, In effect, a sole; source for fol- low on procurement. , (c) When it is anifeira[ed thattuch /ocstc will be a sign'.ficart Inctor the evaluation of proposals for the piocure- ment of an item. the request for pro- posals shall r?quire' the ctffem4 to pro- vide the following In7crfnation: (1) An estimate of he t tal of such Costs;- � j (3); "I'he extent o wh!i these costs -are facluded In I. a proposed price; and ( ?) /The intept to obsorb. or plan for recovery, of any rematAng costs. When - eniering Into.-it contract wjLh an offeror who has Ipt;icpfed tl'..9t he intends to ab- sorb any );crtit)n of.these costs. the con- tract s!itill,iespress!y provide that such Portion will not qe charged to the Gov - - ernmentlt7 any, futuref'onccmpetaive Drocua went Orj Othe I ricing action. I1t56,271)/ § 17/3. g1 i Con14-a / /rl fin�t��ce. Where any cost or Fricing da4.re qufred tint a ;eordancd with R 1- 3.877 -$, cite yppllcable clauses in, §1 1- 3.311, JI 3.814 -2.Ond 1- 3.814. -3 shall be Inclu ed in the `n.i '1 -Inv •esu!tant IeQntract,(see ;rJO 3.(1)). / ✓ (3� FR 1754, 1/14/14, e�fg�cl:� 2/25/74 ) vv �' 166,271 FBR 1 -3.814 [9661271.10] 1- 3.814 -1 Price reduction for defec- tive coat or pricing data. (a) Except as provided in 5 1-3.807 - 3(b), the following clause shall be in- cluded in (1) all negotiated contracts whfa't when entered in-n exceed S100.000. (2) other ne,otlated contracts for which. In connect!on with the inf vial pricing of the centract. n) a certifiiste of cost or pricing data is required in accordance with E 1- 3.807 -3(c), or (ill partial cost or pricing data is obtained in accordance with $ 1- 3.807 -3. Parca RropcarON M Di —crave Cosy pa t1 P==o Derr rf =7 price, Including prn9t or fee. nego- dated in conaeutlon with this contract or crap east reLmbunable•nnder this Contract was Increased by any efgntacant sums be- cause: (a) 7be Contractor furbished cost or pric- ing data which was not accurate. complete and- currcat es certified in the Contraetnt s Ceruni n of Current Cost or Pricing Data: (bl A subcontractor. pursuant to the clause of this contract enUCed -'Subcontrse- tor Ccst or Pricing Data" or - Subcontractor Cost m Pricing Dam —Price Adiu.nments- or any subcontract clause therein required. furnished cost or prlcing data which was not accurate, complete and current as cer- tified In the subcontractor's Certificate of Current Cost or Prlcing Data; (e) A subcontractor or prospective sub- contractor furnished cost or pricing data which was required to he accurate, com. plate and eturent and to be submitted to support a subcontract cost est:mata fur- nished by the Contractor but which was not accurate. comnlrte end mirrent na er she dire certified in the Contractor's Certiicate of Ourrent Cost or Pricing Data; or �(d) 7%e Contractor or a subcontractor or prospective subcontractor furnished ao r data, not within (a). (b) .1 -:) above. which was not ac=a ;e eta submgx:.; the price or cost Shall be reduced accoi'oingly and the con - trac! shall be moltlli d In 71itlr-! a: -:ay be re - :7 :r:' any reduction in the contract price due- to defeatira aubcoatm.t data of a pm=pecElve snuir._..__ subsequeutll awarded to such - ocestractor. win be limned to :.lie amount (plus appli- cable owrhead and plant markup) by which ©1974. Commerce Clearing House. Inc. • IF • 114 2 -13 -74 Part 1 -3 (566,271.30] $ 1- 3.814-3 Sulleontmelor cost or prfo- ing Jam (a) Where the clause in § 1- 3.814 -1(a) is included in contracts In excess of $100,030, the Oausc in this l 1-3s1: -afar also :hall be included. In ndditicn. the clause. approprl :tety moc!L.ed. rnty be included In contracts of s10o.o20 or less ,which contain the clause in 31- 3.814^ 1(a). SoWOM -Craa Cos? oo PP -crno DATA (6) The Contractor shell require subcon- tractors hereunder to submit, ne :us;ly -or by Specific ideatldea:loa !n t1a;, cost or pricing data under the following ciroum- Stan cas: (1) I'Mot to the A. d of an7 subcontract the amount of u"hlrh is expected to exceed 8100.00.1 when enterod Into: (2) Pr!cr to the pr:ctng of any subm tract modl9cat!on 0."hleh 1a: pICo.9 ez�-:egata inCrea523 and 'cr cha=ises in =ts plus ap- plimb:e pro =ts erbec :ad to exceed except whets the prl:e Is based on aiegcate price eompetitloo, established catalog or tharket prices of com=ernal items sold to substautlal queatltl':s ro t!:a general pub - lle, or paceaset by laa-or rc;n!avon. (b) The Contractor shoo :a?u --e mbcnn- traetors to er:t::y, In mb_;an• :a11 -the same form as that r-ed to ;he by the Prime Conaracor to the Cmrernn:ent, that to the best of their knowlec -e and belief• tie east and p.!e!n+ data subauttei under ra) above t9 mcut :a. Combieti, and ebnent as of the date of a� •comer.( on the nezotlated price of the subcout.set or subcontratt thange or mn•ilCca: loll. (a) The Ce a: a: shza inra-t the sub. stance of this c: Niel, including this para- graph (c) in etch ruhm -•: ac: ececndar Which erco-eads sIW.Cao ahca an ;ured Into except where the p:lro thereof Is bred to edegtmte prise ta>•Ipealtinn. ea;abll^hed eata- log mzrkot pr!of cam.n cial (teas sold to subateat!al yuaa:ntles to the general public, cr nor == =e• !,,_. c ..._: each aveh excepted subcontract hereunder in exceas of slce.odo, the Contractor shall 1n. sect the su's._r. -r'f : : :• : : : :.".....-•• :�_ 8yseea7atcroa Cos: oa Panertid Deter �• Pa1ce Aorust•a:ccrs FJ:ac_raP -'s till and r Icl of this f @aura thaU b-CM., p,r.t, -'e onty 3aq, is %apec�10 uy md•1!Lcatloa wade pury�. apt ru ORB c?") mO:e C:, 1::;3 whie Invol s n- re,•oto lner•,als on9 %r1 / des aces 1 costs PI}6 aP�llcaWe pra•;rc- ex` fed t cxcead SyU O.000. T•y44 regatremehta of s louse sitafi'ba Ilm. e . sue con - trsctm tailors. C!! 47,741 CoatmCtOr ,sli;V reculre sub - eontrJCWrs hereunder" to submit, - at uall or by speei90 Idenar?enroa in w: ttln;, eosE 7 or pricing data.under the following cum. Btaaees: i j- jI1) Priorto aaattl of any subcontract; the amount of which 13 expectoa td'exceed 8100,- ! 000 when entered Into; ' / 12) Prier to the pricing of anreubcontract ( �modlacatlon whl.h lnvohes n.-TMrepam m- V ceases aadlor d -r..ea In costa , hu s2- p:lesbie prods e3Pac;ed to es.�etl s1C0.000: excopt where the p:!ca - vbared an a price , conipet(tlon, estabttshed eg matlreE prices of conunare lnl 1 .y�sold,(a substanilai quantities to the general pilblla, or/prl s set by Saw o. r_ l."ca. / (fy1' Ttf8 Contractor eh..IJ reru::o sbbcon- trtctom to certuy. in same form ea that -umd in�the certifteate by the Prime Contractor tythe Government, that to the best of their hnow :edge and belief 'die cost and PiJc!ng data •Svbmit'xtl vhde (b) above re ,e:ceurete, ef.., v and -- rent as' of -the data of a- reetnenL the aegotlateiliptice of die aubcantra or sub - eonttacL�ehap4B erimOdi.°.Cl;ID� (df�na Coatr r :3aLLyy�,ert the bvD- atatica of thlSAlsuse l %tAfd!.ng this pars.. Smpa (d) pWeach subcontract hereunder �tich ej�}�x^.."�he /e;tdd8a 81�/0D.: W when entered into. ere )b Is, included to Contralti;, 1, lie •rR Of $100 000, the clause in f:11s' 3 1- 3.OL4-3 (b) So' -'ZI be lncrixd5d in addition, the inure. approp"�,Jy moti)P.ed, may be included In c9n rheta of 3100,030 or less %(which Ma the e Clause $ .814 -1(� fitreCO .eeroa Cosr an Prtartco Dere tea ADjusrr a) P15 Mpha (bt and !c) of '<s s clause thaLL L'v -x °te c ^orcttee cnly •xl:h r :_vect to aa odl:lcayiDa mpde p L t to onD on, cmdcYo pmt�ysrfonv of tt,s oatrlct r.•hlctyfb/ es a atB lar:CarM atld /er der:'Ca5e9 exceess plus aapifca!•Ir pre::ts r!ected to exceed 8100,OWJ• R'fie rrnvfret3 of tht3 Clau -a0 anall be linuted to fir'' Wodidratlw 9 (b) The Contractor abatf requ o subcon- tractors hrrV..rrcr N • . - +t ry . - t,a; (1) to sweet of•any subcontract thanat4! nt o . htch 1s/Expeeled to escee�% (2Y Pd jf Loathe p -lomez of art boon -/ tract odldcatlon p-aich In :'�3i' -a +• - .e -ate tprr . se3 and /er d'Yr('1 ^. ra9 a C!L•4•Ifa- - pl!eab:e prouL9 �xet to exceed t1CO3OfA; . except where t e y >s 63sed Du,ddequato price eomrztt ..n. r:ablLhetl /entaleg or market prices of cenuncr- Mllfte= sold in sybstantlal quantit!cs to tlfe {!enerai pub - lic, or prime sat by law p( regulation. Goveriumnt Contracts Reports FPR 1,4.814 -3 166,271.30 • 47,740 FPR 114 2 -13 -74 [966,271.201 61- 3.814 -2 Audit and etrords. 'a) The following clause shall be in- cluded in all contracts both formally advertised and negou,;ed. Which con- tain the contract clause in either 61- 3.814 -1 (a) or (b) and may be used to determine the atictrabp! ty of costs un- der cost - reimbursement type contracts. ArSr (a) General. The Contracting omcer or his cell a ntativca shall have the audit- and Inspection rights described In the sppliCable peragrea al (b), (c) and (d) below. (b) Examine :!= or costs. it th!a is a Cost- relmlawsement type, lneentive, time and matcrlals, labor hour, or price rede. terminable eon!.nCt. or anv combination thereof, the COntraetor shall maintain, and the Contracting O:ar or his repr— ritetlies shall have the right to ex.mine [roods, no- orda, documents, and other evidence and So- counting procedures and oraetlees. — anent to reflect props -ly al: dugs[ ant Indirect eaeto of trha!erer" nature claimed to have been incurred end a 11.1patvd to ba incurred tot the aerformanee of this contract. Sues right of examhlatlon shall include ICtpeei,an at all reasonable times of the COnt_ctor•s Plants, or such parts thereof• w cony be an- gaged In the performance of this conc-act. (a) Cost or pussy dara. If the Contme- tor submitted cost or prnlig data In con- nection with the pnc!ng of this cortmet or any Ct:ange or mociz o-atlo➢ thoroto, unless Inch pr(cing u� based on eacquate price 'compenLlon, essblisbed catalog or earbet Prices of commercial items sold In substan- tlnl quantities to the eereml public, or r, -lcex set b; law or regulation. the Contracting Officer or his repreaertatlres who era em- ployees of the United Stateo Govemment shall here the rirlet to er -:Inc all boots. records, iocii. a a<,d other Wtta of the Contraotor related to the ne batten. prie- lrg or parlor :n_ ce Of gets intro[. Chance or modification, for the purpose er emtunt- Ing the accuracy comp!eteness and cur. rency of the eat 3 tl or pneinam submitted. Additionally. In the vitae of priclnq any Change or mocilecat!On exceeding e1o0.000 to tormal:y adt'a :tued concracts, :ltd C�mp- troller General Of the United Sterxs or his representstiros c :o a" pf the rights. The right of czar lus'lon shall extend to all documents necessary to permit ade- aubmined. alone with the tomputatfons and PrOlectlons urod therein. (d) Atmtabiitry. The materials described In (b) attd (c) Obot•e. shall be made nvntl- able at the orlee of the Contractor, at all reasonab :I Vmes, for lnspacuon. audit or reproduction• until the expiration of 3 years from the date Of the payment under this 966,271.20 FPR 1- 3.814 -2 contract or such lesser time specified in Part 1 -20 of the Federal Proanreraeut F. %mtntlons (41 CM Part 1 -20) and for such baser pe- rlOd. It any. as is required by applicable sm- tots. or by other clauses of this contract, of by (1) and (2) below: (1) 1f this Contract is completely or par - tinny terminated. the records relating to the work terminated shan be made -an- able for a p-lod of 3 years from the date of any resulting final settlement, (2) Records uhich relate to appeals trader the - MVutes-. clause of this contract. or ntl- gotten or the settlement of claims arising out Of the perforn =nee of this comet :act. Shalt be made available until such appeals, llti,ation, or dais: have bean disposed of. (e) The Cnn2raeLC; shall insert a clause containing all the provisions of this oLloss. Including this para;raph (e). in all subcon- tracts hereunder e`eent altered So neces- sary for proper :dentldcatlon of the contract- ing parties and the Contracting O..!Cer trader the Government prime contract!­ i (b) Xhe requirement f5r__37Clusion of the clause ill paragraph (a)( of/,this $ 1- 3.814 -2 may be waited for contracts with fore!gn govern^: °ns' or agencies thereof�ider cf.cti!p=ncJ�whire the recitily6ment, forAq clauses .in /§ g 1-3.; 9144 and 1- 3.81: -Tneav larf dived. / anal :ton of such c!kvse.,the,eiause in $11 -. .7103 -3 and 1 -4.CZ 4 shailibe in- /serted in all nezoLiated rued -price con -/ (.C•acts in e%cessrof /32,800: Incliidin, coil tracts awarded undo r-a' -total sc;rnsidi✓ as defined in s 1- ij ;l- rs)ior fx'par:;zl / small .busness set - aside /lsee� ;'1- 1'.70u' and - 1.004Y and a e e conttininakdbst. .tiallp the same p ",01V shall b^_ inc!aded if{ a!V oohe- hegOCcnttd car rracts in excess _,of S",SOJf (the CiatFeipcescrlbad br-'4 1 =7 - 103-3 Of ::-.f's cli.1' •' r satis'e- tl•'- re- gt>�ien J. In Lion, theA. of the cantre ng ngi to inspect le plant and rq' audit the bookaran records of i�:c c,O„._;..::or nor ubcancraeco y ed ir) the'perfojmce of a l CnniP'?a.t shall Li4 'slob contrl The an }/clause �j A I- 3.814- �6(,Il may Vused for i:l.).t Purpose. 6_25// (38 FR/12/73, effectii 73; 39 FR 175 , 1/14/74, effect! 2/25/74.) 0 1974, Commerce.0caring House, Inc. 1 . 114 2 -13 -74 Part 1 -3 47,739 the actual subcontract. m actual cost to the meats' m•• say avbrontrae}/diav thereto Contractor if there was no subcontract, AS required. furnished cnsVof pricing data less than the prospective subcontract cost which was not accumtt' :- complete and cur - estlmate 6ubmlrted by the Cnntme•Ar: Pro- rent' as Certified In the !sJhrontractor's ., , The actual subcontract Price was not - Cert!llcate oP Current Costar Prlcing Data affected by defective cost o. pricing data. • (3) A subfwCu ctor or prospective suh- (t:ore: Since the contact Is subject to �eoatzx[or tarnished cost or prieltt�fdatt redue!ton under this M4 by reason of blch was req -ire l to be acea�tolcomplete defective cost or pricing Carat subrrutted fa, and current and to he snbm11 - Aa S p- connection with certain sa'erT—cis. it is' / po=t a aubeontm -t cost estlma1Z1urnt;!h expected that the Cont ..:or may wish ta/ by the Contractor brit a-h(ch was not accu- fwlude a clause in each sorb subcontract ro` rite. complete and' currtbt ascot therdate quirhtg tie snbconrrnCor to no7reprlatelT rertifled is the , Cont"a tcrs•CmtfYtate of Indemalfy tL•e Con:rarror. 1t Is rain .1;,nted Cunene Cost or,prt g Data: or % that any subcontracwr srblec: to such m- {L) Tha Cogtractor orr a aub "contractor demnlfimtfon will cere lly require sub-.tan- /oY prospcothe/adticontractor tuiZSh -,d anp Unity sim0ar Irdematfiat::on for deieetiro ! -data. not eltlitq.•(1 ), (2) or (31 above, whtelr� / cost M prlelag data required to b� svbaltted w•as net arttaAte, as•submYrea: the piece by Ws lower tier submntraz;ers.1 /, shall be reduced arrordmzly and the/con -. �/ - tract shot be mod:Aed ln, nzltmg atreao be (b) 171e following elaas'ezhalI be In- nocessarp ��o reflect sueh,4eductloof However, eluded' in all coca; acts, bosh fopnany anp: redu6don in the nirxt.prlca clue to' advertised and necotia;ed. which' when defectl;o subeontm t /darn ot'a prospective anteyed Into exCeed x.100.000, other than subccaArretor;- when' the ,subcontract was those described in § -1 -3. &14-1 /d) ll 1-1-dd not 5itbsequontly n$vraed to such sulrcon- (2)C however, the clause yen not be, in- to..or, will-be limited to the amount,fplus eludrd ,nhere, ill accordance /with Applicable- ocerheadeand profit martup) by ¢,1 3.&07 -3tb), the requirement f6: ob- which the accuai s4bconaaet, or, actual cost tainine cost or priCtn^ d?.-3 ltashl) not to tha Contra 492 tt there was adsubcon- traet, taas 1 San the prospective subeon- _ eerY applied IA a .coSt/fontract of the trees oast to submitted ttT the Con - tppe specified therai.-1,pr t2) been wai ed traROr: Tr :sited the s^- bccnttaet the head of the pgencp.dn addition, price" p(ot ageeted by ae seats suss or / B Clause, wi:h dollar amounts'appto- prising dta. try /r Ps<t3fely,zeduced/ Shell be included in reduction under e/ n: Is by subs o oatracis Of this type WMch'do not ex- aeteeylre cost or�e-rHemq rata submitted in �• ced 5100.000;TJhere any cost or pricing waneetton w'• ,c ^cra!n %scbceaaaeta. it Ls!' data: is /teolred�n .ascordnaice with Asp Rea thav�he con1tinetoc mar a9n to r - ja tads A Cl us9 in v: such SubcontmR 91- 3.$07 -311, eonnCotion r :th the prlc- quiring t` a oubcentractor w appronrintely Ingo /Ctlntraat modifications. emnlfy� the Can:rac :or /21 :s also ex- ft RravRtox Am' D—crrve Corr on pected tJiap oaS yciaotor sub!ect' to VVVVV surL fademalEtatlo will rKrally require Parcaro DA :Pn- Parcahaaszcrsvrs / r subssa - --- elms+ lndemar:cadon (a) This create Cho, Deconm opc.-a• defec!rc cost or - . dam reru :rcd to ba only with roapfn;t to qty gioat3catan ofitals ,submitted by bia'{lwer tier subconcraptorJ.T' A ntrnct wh!c!t faro• cs'ce-re❑aro L ^.�.ea�_s re /) °aLLUre :v / :'ate oa A redncao /n sha/11 eta U rot dt�xcrs ra tor: -; u l:cabI a lsputo acerni�g a quaseyoa oIII///feet proats in ere s100.ef10 un:e_w ao moll. tytld them g of the °D1s tes° dlause .~ IIestlon Is brlera on jhe Sails q! ptlequare f this conC ct. I /o�� price et)mo�ltlon, Cs!abl! / ca• ^le, or / / mazk¢E p 'c 'rot ca- emoreLV >!•sres raid 1 (e l requirement r . on of sobs• ^r.•7 al quant ::act a �. .�:r =1 pub• t, Lh '' elatyes In par - rapt -+ ia) and tbi of or prtCCa eel by lapr or regtlTauotri 13e _ni/ *hLa ss lf3,814 -1 ail eonl�ets with foreign W rl r uR10n' ands. rla e:a1130 Itre = PC....1Cn•`: Orr ^ ^C tl C' [:iC :r., cagy be 1tCd do. :eta m c.it�.'rc. a'. site m strq .. mod Callon. •I:._aa Lisa ((yttrl� any Pryce, ingla// ding /p�- or/ea, tpcaq of theya�enry or �4i ee gu- ar 6:!dred t,. r•.�nnM•'�•� •• -,••. r -� rt_ thofties suchiwaer an U d states in writ - ius:meat uru:¢r •acts; trort ::.cc .s to eased � nis reasons 'or Eum Jaterminatldn. by ay ,,;, lacant Baru Mva+ +e: : 1) The Contractor furnlsh d cost /or prle- In tlata which �.ts n .... grace. la^,lpl¢Ee - a d —cent as certlded:ln the Coatrecteri (34 F 659, feet ive IAba[e of Civrcns Ces or Pr)L1ng Irate: (2) A aubc¢ntrnctor. pu:sttn¢a to the 4/15/ 39 F 1754, clause V s eontrac entitletl "Subcon- 1/14 4 effective tractor or Prle Data ^/or "Subcon- tmtwr or rrlcl ;coca rrtce Adjust - 2/25/74.) Govermnent Contra tts REPortS FPR 1- 3.814 -1 966,271.10 L� - 48,220 n [T66,660.60] 91- 12.903 Department of Labor mgt. Jations. The Department of Tabor has issued Parts 4 and 1516, Title 29, Code of Fed- eral Regulatons.,providlnet for the ad- Ministration and enforceme:�t bf the Act - •The regulations include coverage of W f011ow-ing matters resat tf�, to Qulrements of the Act �' (a) Service contract labor st ndards and procedures (sce'29 C 6 4); Ft / $ubPart A. � i(b) -- Equivalents of dete^nined fr1no lienetlts (see 9 CFR S b, art / 4) //� � (C).Appllratton�fthe §ervjce Con - ^act Act,,if 1955 (:,111. ^. and lnterpre- tatans, see 23 C`R/ SuhparVC. Part U., 11 (d) Safe ii-nd sanitay;woYoln; Con- , dlytons (see 23 C.FR Part 1516,,; and . /(el Rules,cL. practIC6 for edfninistra- ve proceedin -s enforc ns service con - Itract laboE standards tsee :9 CF�t Part i[e',33 F.R. 19080, 12721/68.1 [566,660.70] 91- 12.90; Contraciclaium [466,660.50] - �I 1- 12.904 -1 Cleve, for Federal service :Conlracttinexc,, of82500. Federal a,enees (except as provided in H 1- 1:502 -3 and 41 shall include the following clause in ail tart ?2t :ens fx hlds and requests for proposal which ntay re- sult in contracts in excess of 52,500 and 1. Contracts in excess of s =,500 (includ- 1ng any transaction for an indefinite amount unless the contractin^_ a ^CnCy i has knowledge that It will not exceed $2,600) where the principal pulyose of the coat r. ^.c +' in Itie United States •through the use of service employees. S-, -.& C- -. ,br A= o. IvO This Contract. to the extent tint 1t 1s o! the character to which the Scrvlm Contract 'Act Of 1365 (41 US.C. 351 -3571 applies, Is subject to the folloayo; provLoons and to all Other applicable provlsfoaa of the Act and the regulations of the Secretary of Labor :heteuader (2d CFn Party 4 and 1516). 166.660.60 FPR 1- 12.903 Number 191 -230 1 -0 -89 (e) COmpenaatfon, Each service cmpfoyee amploSad la the performance of this con- tract by the Contractor or any subtnntmctor shall he paid not levy than the minlmum monetary wage and shall he frrnlshed fringe benefits in accordance with the wages and fringe b.%"Its dctermined by tho Secretary of Labor. or his authorized representative. • a specified to any attachment to this cen- tr¢bt, If there Is such an attachment, any class of service employee which Is not listed - th,"cO but welch Is to be led bi cd under this eoatract. shall be blassldbd b}• the Con- tractor so &s to provide a maaenable mia- tlonship betwern such das_alaratlons antl those listed la the attachment and shsn be paid such monetary races and I. nd sh tube fringe benefits as ate detar:nlned by agree- ment of the Interested parties, who shall be deemed to be the coutracting agency, the f/ontraecor, and ehe employees who will per- form oa the eontrae[. or their rcpresentatives. It the Interested parties do net agree an n 11&s- a1ficed.in or reel. s ideation which Is, in fact, 03mOrmabla, the Contracting Ociver shall submit the question, together with his .recommendation to the Administrator of tea Wage ¢nd Hour and Public Contracts Otvlstons, Depai;menc of Labor, or his authorized represenintivo, tot flea! deter- Lure to pay such employees she Compensation agr" upon br the interested P=tles or Lenter. Or his auchortzedlrepresentatt emshall be a violation of this contract, No employee engaged In Perform work on this con - traetshall In any event, be paid lea& than the mtnfmum wage speeldbd under abctlon eft) (3) of the Fair La1»r Stand rda Act of 1938, as amended (51.60 per hour). The )Contractor or subcontractorer¢ty Pely_ 8buspeelfied In he attachm nle or do..;, nbd eond,emably thereto br furnl.dllnd toy equly- elent eoatblaatlons of fringe benefits, or by nicking eyulvalent or dlfdereutlal payments W Cash. pursuant to eppticaUlo ndcs of the Adaalntatrator of the Wage and fluor and Publlo Concmbts Clvlsiotta, Department of Labor (29 CFP Subpart B. Par 4). (c) Jtieimum a•aye. In the absence of a minimum wage attachment for thle con- tract, neither ute Contractor nor any aubcon_ t: actor under the coctract shall pay any of h1s employees perfG: �;.. work tinder the ma::ae: (m;—;,.N v. whether they are Setyiq employees) kt 3 than the minimum wagespeclfied hp secure elal fl) of the F..tlr La ALT Jia:Xl:.[t!: .ir: r.f ::•;i i -1._n f.,_: : :�::: ). However, to rases where section of the Fair labor Lan Ids Act of 1938 Is ap- pticable. tha n•.a .n,��. :..+....___� _ ... . . oi7uag m :hls provhloll shall rellbvc 'the Contractor or any stbecritmrer of mar other Obligation under law or contract for the pay - =cut of a hlgrcr wage to any empbybo. (cl) Notlpeation ro crnpioyces. Tea Con- nay and wry subcontractor under this Contract &hall notify each service employee at Comencing work on tlrls coctract of the nin"mum monetary wage and any fringe - 0 1969, C—Lln— (]d=ing House, Inc. v • i xmebnzss 41 3-&70 Part 1 -12 bene0tt requlretl t Ise paid porsaant to this txattaet, or obeli post a riotlee Of such wage. and ben ethts e wetisp!te. m uaeat na aceslble place at "a, such poster m may be provided by the 17epartateat of faltor. The )COntractorsm n�ueeatrae•.ore lditia . pt:rmlt nay p of the serreres calietl for by Lola contract W be Perormea In bui:diti @ sdrroundla�s a. made, working C_M,,,enS prOrlded by or under the control or super - Vislon of the Centtzotor or subcontractor shlch are unsanitarp or hvaraoua or dan- gerads to the bes1S or suety of serrlce em- Ployee. eno ged to furash th!•se geM—a. Zxcept Inset." as a noacxnp:Laace inn be 1IIgk thitsprov:e, in41S]6.3(e) ofTitle.9 CFR, tits alll require eoaplaaec with the appU aable standarrL, s- .r_rca:lon, and codas developed antl pub Lhed he the U.S. Depart - aleat of Labor, tiny other a_ -,eaey of the United States, and any nat:oaaliv reeegnired professional organirsticn such u. mlthout limitation, the following: Natlaaal Bureau Of Standards, US. Depart, nt enL of Coa_mercO, Public Health Service. U3. DepartmenL of Healtb. d.. ca::on, and Welfare. Bureau of Mines. U.S. Demrtment of the Interior. Amerlcna National Standarda Idertltute. Me. (United States of America Standarda IDstitute). National Fire Protection Assdeistiod. - Am SMety y o ;'m : Amrij.. x cai LSa.}lne_1em Aaerlran Coafeea and _ ls, of Goveramcatai In- -dnstilat Hyg:eulses. Information as to the !¢test strndard.3. - epeclbeations, and codes appilpbte to the odntrdGt I. a: a:lable at Lae c:C•ee of the 1) rector of the B' eau of Isbor S:aadsrde. U$. Department of f_ Sor• °all•+ -t7 labor Build - 20212. 0 M aL env of the regionai ol�ees of tiro Bureau o1 La;tc Staa-dards M follows: (1) North A :)antic P.e^_len. 341 S:n re - Ut A Me, P.c:m 9_e, rev Yrr:;, S.Y. I0le- (CanneeLlcut. :.Caine, AleaseCbasects. H Sam ampsblre. \etc York. Rh ^'e ;.•and, t'e moat, Ne:r Je:r -r, satl Pcera F. :-01. (2) ASlddle Atlancle PREICn, Room 420, Penn Square BvLLtling, Junloer and lYlbert Streets, Pbl %delphla, Pa 19107 (Deli :are, D'strlct of Cclamhta, :"aria ::arts Carellra. Pennrlvaa.a, t'L-gfa;a, and .'4'ce, vitglnla). _ (3) South ¢i Atlantic Reoa, 1272 Peach - trce S*­' ST., ` :! ;c '_ ;. . .. a :'. G.I. '11 '.,1 (AL.Smta, _.a. Georgia. ]1is•JS7Pp4 South Carolina. antl Tennessee). (4) Great Ickes l'P-1on. 949 FMetnl n9,w . _: c,:a.a l.ca:tera Street, Chl®yO, Ill. J 9Cn04 /n1 :ncls. Indiana. Bea:neky, Allehlgan, Minnesota. Ohio. and Wlecoasin 1. (b) ALB- Western P.eglon. 1909 Federal OtOce Building, 911 Walnut Street. Hnages City. Afo. Gibs (Colmaao. Idaho, Iowa Ifsasag, Aflsaoutt, Afontnna Nebraska, North Dakota South Dakota Utah, and Wyoming). Government Contracts Reports 48,221 (0) Western Gulf Regloa, 411 North Aloud Street, ROOM e0f, Dallis. Tex. 75201 (Arkaasav, I.ottlslna4 Rem Weaieo. okleharde. and Te..), (7) P.aeldc Region. 16753 Federal Building, 450 Golden Gate Avenue, Box 36017. Sea Fraaeisco. Calif. 94103 (Aleska Arizoae, California. Howell. Nevada, Oregon, 17esh- ington, and Guam). It) Accords. The COntmetor and each sub- contractor performlae work subjen W the Actshnll make antl mare:afa for 3 years from the completion cf the work the records eon - mining the Information somited balom for each Omplovee aub;ect to the Act and shall stake them er}1L ble far 1a•pcctloa and trar"'ll"I a by authorized representative. of the Administrator of the ttlaga and Hour add Public Contrxre Dittman, US. Depart- ment of Labor. U) ails name add address, (2) Big trork classf8cttlon or clnssiara- ttoag,.rate M rates of monetary wages, and 7ridge benefts pradded rate or rates of fringe beneet payments In lieu thereof, and total daily ana wft ly tOmpeasauon. (3) HL; .y antl weekly hours so, worked. (4) Any deductioaa, rebates. or refunds from his total Gaily or weekly ecmPenra:loa. 15) A list of moaoury wages and fringe benefits for those ciasses of serrlce employees not Included In the mlafmum wa +e attach. went fn this cootracc, but for which arch wage ratea or frinse benefits have teen de- termlaed by the latereared poriee ar by the ttator of the Wage and Hour and Politic Ccntmcts Divisions. DrPar cdcaz of Labor. or"author=ed represenmtire, put. auent to the Labor standards In parag:dph (el of this clause. A copy of the report re- guired by paragraph ()) of this clt ia, shall be deemed to W suah a Wt. (g) Withholdla0 oJ, o_ndedts and trrmtad- NO. of Contract. The CGntrac :mc Officer shall wlthho ;d or cause to be withheld from the Gavetnment Prime Contractor under this or, any other Govetnment contract with the Prime Contractor such sums as he, m as app:opri¢te O:::crr of :he Department et Landr. accide. may be necessary to pny tm- tleroaid employees. Addmon.11y, any _allure to mmply with the re4= tears of this clause relating to the Service Contract Act of 1995 may be grounds for termination cf :he r:pht to p:ceeed "th the eucimet work. 7n euch event, the Government may eattt into Other cont"ets or c.-r: 9=.cara zGr eomplcthm cf the work, eharelag the Con- tractor in default with any addltlonal cost. (hl Sabcer:-re!: . ^.::c r :•r ^c-nr a --ea Lne p."agraphs of this cimoe re- Iatin3 tq.the Scrvice ContreGL An C9 19f3 IM ati sobmatracts- The ter.¢ - [nntnnnr° � ti_.:: :.t �.i• .: :>:u'..: dpas m ads S.bi: a L^aet. sha11 be'tleemed to rein to the sub_ CantieCtO:. eaGept la. the term - Goreramtmt Prime Contractor.^ (1) Seyvic. employee. A. used la tats clause relating t' the t S' Ice Contract Act of 1995• the term `tervlce employee^ mesas guard: w:%tchmeo. and any person en -aged In a recognized trade "craft. or other Okilled t`5Wca1 craft. W In =skilled semi- FPR 1- 12.904 -1 566,,660.80 • C 48,222 akDied, or skfllcd mantra! labor Occupations; and any other employee. Including a fc, e man or supen�lsor, in o Position having trade, craft, or lsbarinc experience as the pam- mauat requlremrne: and shall include all aveh parsons rr�nrdlesa Of 1[ay coatrattual :elationshlP that may be allezed to eslst be- Lweeb a taatmcar or .abctmtraetor and such persons. (j) COatraci -es report' If there Is a mega m deterination attachment to this contract and ono or more classes of service employees which are not ILtcd thereon are to be em- ployed under the contract, the Contractor shall report to the Contruetln¢ o:Peer the J wages to be paid acid the fringe benefits to be pro•Adcd each su =h class of =Ice employee. Such report shall be made Promptly as soon m such competuau.. has b,On determined M provided In paragrapb (a) of this clause. • (It) Re9vlafioas tneorporwld by reference. All lnterpreations of the Ser_1to Contract Att of 1965 exprce_ed m 29 CFR Subpar C. Part 4. are bereby incorporated by refer- (1) sane In this contract. (1) Erempttons. This clause .hnD not ap- ply to the folloaag; (1) Any een[raet of the Ubltad States or District of Columbia for aonstrtictden. sitem- tlon and /or repair. Including patntlrg and decorating of public buildings M public works; -(2) Any work required to he done In no- With With the provlslons Of the Walsh - Aealey Pablle Contmcis Act (49 Sat. 2078; 41 V.S.C. 35 -051: (a 1 Any contract for thereardage M freight Or personnel by verse!. aL- plane, bus, true&, express, mLLorar Ilse, or 011 ar gas piptllno vher0 published thrill rates are 111 euect, or where such exrrL+ ^e is subject to ntes covered by section 22 of the Interstate t:om- merce Act; (4) Any co11 1 1or the furnishing of services by radio. telephone, telegraph• Of cable eompumcs, subject to Lhe COmmuniea- tlons Act of 1934; (S) Any'contmcE !or publle utility scn- faea, lnclnding ri Drht and Power, water, steam, and Fes; (BI Any amp ;o-:nrnt eon t�et p: ovldag for direct sera.•.; a a F !vac agency by an 1ndlvltluni O! 1.dlviduaLS: (7) Any contract With the Pmt Office Department. the pr,nelpal Purpose Of which Is the operatloa of poaal contract stations; (BI Any service: !O be furnlsbed outside the IIUnit States_ - goo hlc Purposes, the `D11,tc State,' Is ticgv, to ac•.Inn 8fd1 et :be S'rt -cT Con•: [ As: F. Ir.: •..-- "Y bate of the United States. the District of Columbla. Puerto Rico. the Virgin Is- lands, outer rontinontnl —.11' r futon u1 [hc Vu:cr C':.n!:ncnW Shelf Ltntls Act, American Samar. Gu.tm. !Sake Wand, Srtlad. i At W, } ;I�a]aleln Atop• Johnston Iatand. It dots not Iscluac any other :etrl- tory under the jurlsdlotion of the IIaited i States S tes or any United aes base r pOSSes. .0011 %,thin a forelgb country; e 566,660.80 FPR 1- 12.904 -1 PPR Number 755-42 3.570 (9) Auy of the following contracts ex- an nil Provisions of the Service Contract Act of 1065. pursuant to section 4(b) of the Act• which exemptions the Seers - tary of Labor hereby finds accessary and proper to the public Interest or to avoid sorlous impalement of the conduct of Gov_ erament limitless: Contracts entered Into by the United Sates with common carHets for the cartage of matt by m I. air (except air afar routes!, bus, and ocean vessel. where such carriage Js performed on re7uL rly scheduled runs of the trains' O ale7W.rl• buses• and vesscln over rey a esabllanes. routes and accounts for nU Insubstautlal portion of the rerenne therefrom. (m) Spade! .. p:oeeer. Notwlthstandmg any of Lae prot•+tlans m paragraphs (n) thrmrgh (k) Of this efause. the followmg employees may be employed In accordance with the fella%,ne variations• tolerances, and exemptions, which the Secretary of Labor hereby finds pursuant to seetlon 41 b) of t7io Act t0 ha necessary and proper In the publlo fatereat or to svold serfous Impatr- b1ehL of the conduct of Government buslbess: (1) (1) Approntlece, student - learners, and workera whew enrbing eapaclty !s Impaired by age• pltyslcat or !anal defle,rey. or Injury may be eanpic'ed at wages loner than the minimum wogas otherwise required by acrtlon 2(a)p) or 3(t)(1) of the SoMce Contract Act of 1905, with diminishing any fringe benefits or cash payments In Ileu thereof required under section 2(n1f2) of fiat Act. In accord nc Oita the prat :lures prescribed for the employ -e-t or nppran- ,I.. student - learners• hnndleapped persons, and handicapped cllvnU of sheltered vork- shops under section 14 of the Falr L,,bor Standards Act of In33. In the regulations last by the Administrator of the \tare and Hour and Publ;c Contracts Dlvtdoas of the Department of Labor (29 CFR parts 820, 521. 524. and 525), (LL) The Admalstmtor will Issue certifi- cates under the service Contract Act of 100.5 for the emptvemeat of apprentices, student - lcaraets, handlcapl:ed pc•r m, or hantlf- capped to nts of shelteren workshcns not tublect to the F:.lr Lilwr Sotndards Act o! 1923. or Subject to different m!. ^.Im_rn raves of pay under the two acts, autilOHZing appro- priate rates of minimum .•ages (bat without changlag requlrcmen a eor•.cerning triage lieaeuts or supphpv.• : :�ary cvah pm.•men's in lieu thereof 1, ap::,. - procedures prescribed by the ap a or S nd.,:! ions of I under the Yalr Labor stn ^d :, : :fa ne: ct 1329 120 CYR I•n -ts ..n. 521. - y2:.) (LLl) The Administrator will also with• draw• annul, or cancel such eertifientes in Hry:nM +n•i. "+ ! • ~ !!. _..J." - _, !;Flt F.— ,25 and 573. (2) An omployce a ,,,ed In an occupation In which he customarily and regularly re- e^ty mere than a-10 n ...in In ­y y have the amount of his tip; Malted by hW employer agalvet the n:In::nUra wage m- qulrod by section 2(a) (1) or section 2(b) (1) Of the Act. In accordance vilth the regula- ©1970, Commerce Clearing House, Inc. K] _- i 3-6.70 ruse -4s Part 1 -12 �/ 48,223 tfoas In 39 CF'P. Part Sal: Prorided. S�rrrrrer, and satistles- the ennotice requirements That the amount of such Credit roar•. _ot r[- paragraph' (d) of the contract clai)se teed eo cents per hour. prescribed in/,; 1- 12.904 -1. Contractors R. 19090 12/ 1/68; 35 are regWredtoptwt the form ata'promi- F.R. 3113, 2/16/ J 70. neat anciacce Bible place at.the work - Ite. SuPp :les of the fortrt."mny be ob- [466,660.90] Mainef� from the Nage,and Hour ancr § 1- 12.901 -4 0—c f4Ica! :ra!: r 1,t >'ub11c Contracts DICL3ons, De attment contrm•ta not exre' ding z2,a00, / otZabor,',Ca_hizigton. D.C. 20^ -10. �� (c) If Lhte Depattatent of lzbor regis- Federal a�eneles (except as provided /ter of mirdn;um wage determinations and 1a 9$ 1 -12 ?9 ^_ -1, 3, and L+ shale include /1 fringe ter o2ts,sxei^.cs :'.ans or a cont- not n aces f SL.5 in c:•cr,• ccntr�eC� mttnlcation �irom .tie ArL^tlnistrator, not In excess of 8.500 which has as ire wage anuL'Hour -ard Public Contracts principal purpose the furnishtng.of sere- "Dltlsfons; Department %of Labor (see Ices through- the use of •fee em g 1- 12.905 -4); provides a determination loyees: or specification applicable to any class r SM'= Comm— Am dr 19a3 of ssenloe employees who :t ill be working Except %ta the extent chit an esereptlo on/th0 contract: the COnt7^Cting otueer (.1 arlatlon, or WSerance would apply pursuant, g !f attach Fuch applicable determina- 29 CFR 4.6 Lf this were a contrast Ia exe.m tions or �ei�iflcatlons to the. invltatlo $2,5W. the Contractor and anyisubyon- for bids, request for proposals, contract, tractor hereunder shall pay all, of hWern- and FOl lft SC -1. ployees enp_ged in performinc. work On the toutraCt ho: leg than the rritnLmgm na;a e33 F. e' [fled under sertioa 6(l 1,)'9C'rhe Pair R 7424 5 18/68.] _1tt��tun Standards: Act of/} a 68 amended -1, ptr hour1. ji— A- er:V1a is where [566,66 20] _ section 6(e) 121iot _�✓I "sit: L t7: r Standards Act of 1933 Is.'ap1U ble, :he rates specliled therela will applyyeAli regdlatt— and In ter- � � 1- 12.905 -2 Register of %ace determi -_ pretations 9t tt se:r :ce'COrcraet Act of nations and fringe Lcnefib. j 1065 erprt:,.:ed�(n 29 CFR Pz -t 4 are hereby i The 13t10s of the Departm /eat Of lneurporal.d y re.e,,l =•e In this euneract. reru f [33 F. 19 g�, 12/21/68. ] �1r°a provide that the Adm!nlstrator / 6 of the R'a'e and Hour and RibLe Con - 6�r,.' 7 tracts I)Ms'.ons. Department of Labor, /rJ - -shall deter•nlne the mininu_n monetary wages and • ^.cclfv the fringe benefits to § 1- 12.90u Pddntstratiuu vivid enforce- sbe furnished t`e 7artous classes of serv- %C °t' icecmployces. for cite saceral localities / 16/6,66/1.10] 1n�hicKthey" "arc to be emp:cycd under�t 1 Contracts say! ^c_ to Bach dctermina,lnns § 1- 12.90a -1 Res oosibil!ties ot� cab- der the .let 1 see 30 CFli 4.31. The -reg• / n ntlors fort: rr'proride that ll:efe d ^- ziirart!ug.2re" terntinations and spcnfCStioi:s will,be (s)�Tha contracting offlger shall as- !ssuftp as an orderly series constituting a tltst the contractor !s fully in- reelster of such r.rillnum gazes and fi rmed of the labor standards prot•Isions e fringe benefits. The re =lster will be avail - the contract relating to the Act and able for pubic inmcctien dnrin^ bsst- ills responsibilities thereunder. Unless/ mess hours at ille nationals regional, and is clear that the contractor is fully disVict ofriccs of the Stage and -Hour 1nia :r,ed. war:: cL •r :, :,, .o and c-, i,+::... rTS r)c. Jnto ed by cOnlerence, letter. or other 4 rw en' of Labor. in addi[lon, the reg- sWtaple method, as soon as possible after I LS aulltori2e4ie Department, whey/ (b) The contracting oIIicer shall fur- at other loc :tiers where the needs of h the canlracto with Deparment of T: xurcr.: :, a�cndrs [ur zh�l'r.`o. bor 8•'onn SC -I� (combination letter tlon con neih 'hrrcin win �c better stcrl at the time of contrast served b stieh action. award and sits ensure that the forn is [33 F.R. 19082, /21/68.1 In the Po scs an of the contractor for appropriate stht4nriortoerforinance [S66 61.30] of the coot ac The fo n adores em- 1- 1_^.90x1 . atlr of !on to ployees of t r bone -7-der the Act mnl rvice milmet. Government Contracts Reports TTR - 12.905-3 [66,661.30 • • Corpus Christi, Texas day of 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby Cup James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales G�cgA_ Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark