Loading...
HomeMy WebLinkAbout15189 ORD - 10/24/1979vp:10/23/79il t TEXAS: AN ORDINANCE AUTHORIZING THE ACCEPTANCEOFTWO GRANTS FROM THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, ONE FOR $24,500 FOR THE RESOLUTION 'OF 70 CHARGES AND ONE FOR $18,250 FOR THE RESOLUTION OF 30 BACKLOG CASES NOW PENDING, AND THE PURCHASE OF AUDIO VISUAL EQUIP- MENT FOR TRAINING AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY TO RECEIVE THE GRANTS; 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 accept two grants from the Equal Employment Opportunity Commission, one for $24,500 for the Resolution of 70 charges and one forr$18,250 for the. Resolution of 30 backlog cases now pending, and the purchase of audio visual equipment for training and authorizing the execution of all documents neces- x Bary to receive the grants. • SECTION 2. The necessity to autho`r_ize ',acceptance of two grants G r from the Equal Employment Opportunity Conmission`:for the purposes aforesaid;, - and to execute all documents necessary if and when the grants are accepted, 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 but that such ordinance or resolution shall be readat three several meetings of the City Councif,•and the Mayor having declared that such emergency and necessity exist, and having requested" the suspension of the Charter rule and that this ordinance take effect and be in full force and effec from and, after its passage, IT IS ACCORDINGLY SO � day of October, 1979. ' ORDAINED, this the ATTEST: // /n/,/4-7;ZA( City -Secretary CITY OF CORPUS CHRISTI, TEXAS APPR VED: A DAY OF OCTOBER, 1979: ' r J. BRUCEEAA�/YC�OCK, CITY ATTORNEY By /-mac Assistant Corney 15.89 MICROFILMED AUG 2 x'1980 STANDARD FORM 26, JULY 1966 ? 16 101 TPATIO EEO.ERAL PROCE REG`5(A ICFR111-16.101N AWARD/CONTRACT PAGE I OF 1 1 I. CONTRACT (Prov. bur. /thud.) NO. 0/5010/0012 2. EFFECTIVE DATE 3. REQUISITION/PURCHASE REQUEST/PROJECT NO. A CERTIFIED FOR NATIONAL DEFENSE UNDER 105A REG. 2 AND/OR DMS REG. 1. RATING, 5._155UED •89 - - CODE - 6. ADMINISTERED BY CODE( 7. DELIVERY folDESiI• 0 NATION OTHER (Ste blow) uai gin•!oyment C) ortunity Commission.. r� PP b0`:rdst3 c. Procurement Division 5.0 flu � dl >,trE'�t, N.W. Room 3200 i- T f -, e T lln5 (r%orderrbrnb/okSJ EEOC, ROust On District Office Federal Bldg., Room 1101 2320 LaBranch Houston, Texas 77004 8 Y.EI:2TAACSOR" 1 'v' a. CO(2L•f f FACILITY CODE f 9. DISCOUNT FOR PROMPT PAYMENT NAME AND ADDRESS Corpus Christi Human Relations Commission' (Street Stale. Post Office Box 9277 , , , .reed LIP rode) Corpus Christi, Texas 78408 10. 5UBMIT INVOICES (4 copies unrest ofbertnise +prcfedJ i0 ADDRESS SHOWN IN BLOCK SEE SECTION J -11 M 1 11. SHIP TO/ARK FOR CODE 12. PAYMENT WILL BE MADE 8Y CODEI' EEOC Finance Branch 2401 "E" Street, N.W., Room 3228 Washington, D.C. 20506 0 10 U S.0 230/ (allrf�� 1 13. 79115 PROCUREMENT WAS 0 ,0W67I5/0, ❑X NEGOTIATED, PURSUANT TO © 41 U.S.C. 252 (c sf TA. ACCOUNTING AND APPROPRIATION DATA ACCOUNTING DATA: 0/5010/4101 INCREASE 18,250.00 APPROPRIATION DATA: 4500100 1S. ITEM NO. 16. SUPPLIES/SERVICES 17. QUANTITY 10. UNIT 19. UNIT PRICE 20. AMOUNT 1. 2. 3. Backlog Charge Resolutions Purchase of Audio Visual Equipment Reporting Services on Dual -Filed Charges This Award is contingent upon enactment by Congress of the Appropriation Bill for E.E.O.C. for Fiscal Year 1980. FIRM FIXED PRICE CONTRACT 30 1 EA EA $350.00 -2,750.00 • $10,500.00 2,750.00 5,000.00 21. TOTAL AMOUNT OF CONTRACT 5 1. ,250.00 CONTRACTING OFFICER DILL COMPLETE BLOCK 2.. OR 26 AS APPLICABLE 72. D CONTF CTCR 5 NEGOTIATED AGREEMENT (Coutrr.tor sr required to sign 'bis dn.rrree..r .red . r 2 capicaplet to irrg o/5:e J Con,a agree 10 0315 and dei..er all dents d th perform oil ea , ser fotthshort,.n .dennfed about and a any ,nsheets ler ,he , nside.ahan owed here n, The right, end obt gouons of the partesto this contract shall be sublet, to and go. .nod by the Tollo-Ing documents. (a) th,s o.+ord/cantos!, (5) the sahcetonon, if any, and Ir) sash pro..sians, representation., certifications, and spectfechens, o o•eched or •ncorpu.ated by reference h.rain. (AIt.rcbntents rue fitted Lenin.) 26 EjAWARD (Coareacro, is not ,egorred lo tip, 11,6 document.) Your offer 5 I- 6 79-10 • 1 d. g Me eddn.ens or shor made by y 3.h.ch additions or changes o el 909h ,n full above.is hereby accepted a r.,ms o 15t lured oboe. and a any c n n thee., Thi, award consummates the contract 3h.ch con.. of the fellovmg decumems: (a) the Government's ,olfedotian and your oFfet, and (5) th,s award/contract. No lusher contractual document is necessary 23 NA•,E OF CONTRACTOR BY 27, UNITED STATES Of AMERICA BY (Signature of person ou,hen,ed to von) Puncture of Cen•racl.ng Offcerl 21 NAME AND TITLE OF SIGNER (7Jpe or prise/ R. Marvin Townsend City Manager 25. DATE SIGNED . 28. NAME OF CONTRACTING OFFICER (7)pr or pries) 29. DATE SIGNED T5-100 TTL yr.'. ASSURANCES The Contractor assures and certifies with respect to the federal funds received under thlS contract that: 1_ It will comply with Title VI of the Civil Rights Act of 1954 (P.L. 88-352) and in accordance with TITLE VVI of the Act, no person in the tinted 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' Financia? assistance and will imrediately take any measures necessary to effectuate this agreeirsnt. 2. It will co -ply with ITILE VI of the Civil Rio-nts Act of 1954 (42 J.S.C. 20C d) prohibiting employment discrimination where (1) the pri'rary purpose of the contract is to provide employment or (2) employment.practices will cause discrimination on the basis of race, color or national origin with respect to beneficiaries or potential beneficiaries of the contract activity. 3- It will recuire si-nilar assurances from all subcontractors at any tier. 11'lL$ VII CONFIDENrIALTTY PR VESIONS The Contractor agrees to abide by the confidentiality provisions of TITLE via as those provisions are interpreted by the am. The Contractor shall not make public in any [Tanner whatever the folloairg information if said information is furnished by TOC. 1. The existence of a Title =charge filed by a particular charging party against a particular respondent, unless a Title VII lawsuit involving that information has been instituted. 2. Information obtained by the TOC pursuant to its investigating authority (709(a), unless a TITLE VII lawsuit involving that information has been instituted and; 3. Things said or done by the parties (i.e. TITLE VTT c;arc,i.rg parties and respondents, and the FE0C) during efforts at conciliating a TITLE VIi charge, unless the parties give their consent in writing to such disclosure. • EEC: - Furnished EEO Reports ray be rade public by the contractor at or after a 706 Agency hearing involving such information. SECTION lettering and pagination are for the purpose of uniformity. PART I - The Schedule SCHEDULE INDEX OF SCHEDULE SECTION TITLE E Services 4-2 F Description or Specifications 5-1 thru 5-7 G Preservation, Packaging, and Packing 6-1 H . Deliveries or Performance '' 1 Inspection and Acceptance 8-1 J Special Provisions 9-1 thru 9-9 J-1 Maintenance of Effort 9-1 J-2 Contract Monitor Representative (Headquarters) 9-1 J-3 contract Administering Officer J-4 District Office Deferral Coordinator 9-1 3-5 Transfer of Title 9-2 J-6 Rights in Data 9-2 J-7 Ide _reification 9-2 3-8 Acknowledgement or Sponsorship 9-2 J-9 Supervision and Liaison 9-2 J-10 Direct and Indirect Cost 9-2 J-11 Payment instructions 9-3 thru 9-4 J-12 Notice of Court Action 9-4 J-13 Progress Payments - 9-4 thru 9-9 Government Contract Contracts 10-1 General Provisions \ 1 thru 28 w� Q f Q Contract 0/5010/0012 SECTION E - SERVICES ITEM 1 - Processing of 30 backlog charges at the Price of $ 350.00 Der charge by the FEP Agency, perfordance ._. 'to be completed before September 30, 1980: $ 10,500.00 ITEM 2 - Purchase of Audio -Visual eaui?cent for the pu_:oses of training agency staff on charge -processing procedures (See Item 3, Section F). $ $2.750.00 ITEM 3 - Provision of reporting services on dual -filed charges (See Item 4, Section F) $ 5.000.00 $ 18,250.00 TOTAL PRICE $ 4-2 SECTION F: SP CIFIC?TIOi;S 1. Development and Maintenance of Effort Whereas, there is an acknowledged need to insure the employment rights of individuals granted by Fedaral;-State and Local anti- discrimination laws, and, Whereas, the Equal Employment Opportunity Commission is authorized by statute to utilize the services of State and local FEP Agencies to assist it in neeting•its statutory mandate to enforce Title ViI of the Civil Rights Act of 1964, as amended,, and Whereas, the Equal Mmploynent Opportunity Co -mission pursuant to Congressional mandate to establish an integrated system for more expeditious processing of employment discrimination charges has committed itself to developing such a system in partnership with Fair Employment Practice Agencies, Now, :herefore, the FEP agency hereby agrees to cooperate with the Equal Employment Opportunity Commission in the development of a national, integrated employment discrimination charge processing system by pursuing various objectives which include, but are not limited to, the following: (a) The development by'the.FEP Agency of expedited procedures which provide for professionalized intake, resolution of new charges on a current basis, significant emphasis upon voluntary settlements prior to determination, and for the accelerated reduction of the _EP agency's existing inventory of charges; (b) The training of FEP agency personnel in rapid charge processing and inventory reduction pro- cedures ro- ce_ L es compatible with these of the EEOC; (c) Utilization byithe FEP agency of as employment discrimination charge form which, is acce?table to the EEOC and the FEP agency; (d) Development and utilization by the FE? agency of processing terminology (such as common language pertaining to types of closures) that is the same as or compatible with that utilized by the Commission; (e) Development and utilization of an internal manage- ment syscem by the FEP acencv which governs its early charge resolution and inventory reduction systems by establishing annual charge resolution objectives, quantitative and qualitative goals, and timeframes for charge processing; and establish - 5 -1 SE.O'rION F, SPECIFICATIONS (Cont'd) .?art 1 Tc is understood and expressly agreed to by both pa,t;es to this contract that, as a condition to the maintenance oma `. is contract, be a Woryshar'_ng Agreement in effect between tbe'FE? Agency a the EEOC. It is understood and agreed to that,.at•a Ain not the iior:;s.^.caring Agreement contain a provision effecting:a waiver of exclusive jurisdiction/initial Processing by the _EP Agency over _ certain percentage of charges so as to permit and. effect a rational distribution of workload between the FEP Agency and the T:E:,C. The percentage of charges to be so waived shall be deter- mined by.voluntary negotiation between the FEP Agency and the appropriate EEOC District Office. 5-3 SECTIO` F, Part 2 S?ECIFICATIO:NS (Cant'.9) 2. processing of Charges (a) The _E2 Agency as the Contractor; covenants and agrees for adequate consideration, as stated i. Section E, during the term of this contract to process individual charges of employment discrimination which have been dual -filed and/or deferred to the Agency by the Cor..mission. The District Director shall be responsible for transmitting charges to the Agency. The Agency further covenants and agrees that acceptable resolutions shall include no cause findings, successful settlements, successful conciliations,. administrative closures, and final orders issued following and pursuant to administrative hearings. No contract credit will be awarded by EEOC for closures by the FEP Agency based on no jurisdic-. tion (except in cases where an investigation is actually required to determine jurisdiction) and closure based on the charging party's failure to execute documents required by the PEP Agency to establish a bona fide charge. (b) All charges processed under this Contract by the PEP Agency shall be processed as follows: (1) 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. (2) Investigation and Resolution of individual charges pursuant to this . agreement shall be conducted in a manner designed to effectuate relief of the charging party and shall be carried out as expeditiously as possible. (3) Charges processed pursuant to this agreement will be designated on a monthly •status report from the Agency to the commission's District Office (4) All charges will be processed by the Agency in accordance to, and consistent with the applicable State and Local Law of the Agency. 5-4+ SECTION F, SPECIFICATIONS Part 2, co,a:.' (c) Charges processed under this contract shell be backloc charges, i.e.,•charges of employment discrimination filed prior to October 1' '1979. Charces processed under this contract. s hall 'be in addition to any charge processing resu3,ting from any Agency Improvement Cont=ect(s) and from any Contract(s) for the Resolution o_'Ne:,r Charges that may be in effect between the FE? Agency and the EEOC during the term of this contract. 5-5 S7C7sTON S?=CIFIC TIO S (Cort'd) ?art 3 3. Purchase of _raining Materials and Ecuipment Whr..as the -EP Agency has committed itself expressly to the d=veloom.nt of a national integrated employment discrimination c=a=ge processi-g system and to the training of -EP Agency personnel in the =acid charge processing and inventory reduc- tion procedures used by the Commission, and Whereas utilization by the F P Agency of audio/visual .-iipment and of training materials developed by EEOC are n essary, in part, to the achievement of these goals, Cc-_ssion shall provide funds, as stated in Section the the purchase of pre-recorded videotape cassettes and audio- visual equipment. Tapes purchased by the Agency shall be those developed and a Prov=_d by the Commission. Audio-visual ecuioment purchased shall be compatible with the training tapes. 5-6 1 F4CT10\ S EC:_:C ._ZO';S (Cont 'd) .a=t 4 4. Provision of Reoerting Services on Dual -Filed Charges Whereas the EEOC, in order to provide responsive and effective service to charging Parties, and Whereas the -=2 agency, in order to assist the EEOC i:, pro- vidinc such service, hereby agrees to provide the Con- tract n EEOC Cca- _..� ste_1Zc Office (See Section K) with Monthly Status' Reports, as described in Section H, which indicate the status of each and every dual -riled charge jurisdictional under Title VII that is being processed, but is not yet resolved, by the agency, now. Therefore, the E.E2c agrees to nay the _EP agency for such services, asstated in Section E. 5-7 SECTIOU 0 - ?IC. 7,73 ? C JG (1) Charge/case file 7a -rials and re ors :o be fur:IL:shed = • District Orrice shall be ad°gt-Lely ac a'� d assure safe delivery at Eta designated o_f;ce. (2) ' FE2 + �Z.cy s!'=11 preserve all case files and records :e l av .nt to all charges or actions until final diswsiticr of s'.:ch charges or final action by the FE? Agency and the EFCC C:, issicn and o r =a_'_at alt' -O__ - ties including _eferai cci's. 0-1 .SEZTIC:1 I: The ::or_ to be 1-,ern=ealershallbe co=?1etea by Secye ter 35,:1950: A- The PE? Agency shall submit for each month during the period of performance a Monthly Report to the District Office per- taining to charges resolved and siubmitted to the District Office for substantial weight review. This Monthly Report shall consist of EEOC Farm 322 completed according to the instructions set forth in the April 13, 1979 memorandum of the Director of the Office of Field Services (entitled "Revised Procedures Related to Monitoring FEP Agency Progress Towards Contract Performance Recuiren_nts") and of the backing "detail" sheet required by said memorandum. The monthly Report will be submitted beginning with the month of October due on November o, 1979. The Monthly Reoo_t rust be submitted to and receiv7ed by the Contract Administering Office (The Commission's. District Office) not later than the Sth calendar day of each subsequent month (see Section C). • B. Separately, the FE? Agency shall furnish to the..Office of F;nld Services, State and Local Division, Washington, D.C. written reports as nay be exoressely required by that unit. C. The FE? agency shall submit for each month 'during the period of performance a P_onthly Status Report to the District Of,'; ^= pertaining to the status of each and every dual -filed charge jurisdictional under Title VTI that is being processed pursuant to the itiorksharing Agreement but is not yet resolved and sunitted to the District office for substantial weight review_ Each such charge shall be identified on the monthly Status Report:by EEOC Charge Number and the Monthly Status Report, shall indicate for each such charge the stage of processing within the FE? Agency's charge processing system. The Monthly Status Report will be submitted beginning with the month of October, 1979 due on November 15, 1979_ The Monthly Status Report rust be submitted to and received by the Con- tract Administering Office (The Commission's District office) not later -than the 15th calendar day of each subsequent month (See Section •F.) 7-1 SECTION 1 - INSPECTION A D ACCEPTANCE Inspection a_d Accentance shall be rade by 7.?:e contract Administering Officer or his/'her designee on behalf of the Director, Office of Field Services, I': al ammloyment Onnortuni y CoMmi.ssioa. Inspection and Accentaace shall be made Lursua^t to standar-ls set forth = 's Co�_i nce __-=u.! snt in EEOC's Snbs._, antial^'e_ e. -ie:: :.__�_? 8-1 SECTION J - SPECLSL.PROVISIONS The Special Provisions of this contract are as follows: • J-1 MAINTENANCE O: EFFORT It is the intention of the EEOC to provide funds to the PEP Agency in order to supplement it's current level of funding. Therefore, should the FEP Agency or,ths governmental body which provides.its fund reduce the FEP Agency's resources in anticipation of or as a result of EECC contract funds, the EEOC may consider such reduction in FEP Agency resources to be a material breach of this contract which requires the PEP Agency to return all or a portion of the funds provided by the EEOC under this contract. J.2• CONT?nCT Y.ONITO. REPRESENTATIVE NEADOUARTERS5 The Director of the Office of'Field Services is designated the overall Government's Contract Monitor Representative- Ia this capacity, tie overall Contract Monitor will provide guidance and direction to the Contract Administering Officer. J-3 CONTRACT AD? NIST_PING OFFICER The Contract Administering Officer is the District Director designated in Block 6-6 of the SF -26, who shall perform necessary liaison with cn_ Cuuccaetc,. The Contract Administering Officer shall monitor the•contract for the -Director, Office'of Field Services and provide the Contractor with technical guidance.' Technical ,guidance shall mean filling'in details -or otherwise explaining the scope of work and the requirements set forth in the contract. 3t is intended that the details or suggestions furnished shall be within the general scope of cork as set forth is the contract and shall not constitute any changes in terns and conditions of the contract. The Contract Administering - Officer has the responsibility for monitoring 'and evaluating all phases of the Contractor's performance in order to -determine compliance with the technical requirements of the contract. J-4 DISTRACT OFFICE DEFERP.M, COORDTL-11OR The District Office Deferral Coordinator is the designee of the Contract -Administering Officer in connection with the perfor=ante of this contract. The Deferral Coordinator shall monitor the contract for the Contract Administering Officer and provide the contractor with technical guidance. Technical guidance shall mean filling the details or otherwise explaining the scope of work and the requirements set forth in the contract. It is intended that th'e details or suggestions furnished shall be within the general scope of work as set forth in the contract and shall not co --`'-uta any charges in terns and conditions of the contract. The Deferral Coordinator has the responsibility for monitoring and evaluating all phases of the Contractor's performance in order to determine compliance with the technical re nirea-ants of the contract. 9-1 1 Title to equipment and furniture purchased with funds available under this' contract shall vest with the FEP Agency upon acquisition ortas.soor. thereafter as feasible without further obligation to the Government. 1 The FEP Agency agreies, as a coadition.to taking title, that no charge will be made to the Government for any depreciation, amortization,or use charge vith respect to such equipment under any'edisting or future Government contract or subcontract thereunder. - J -G RIGHTS IN DATA • The Government and .the EE? Agency shall exercise joint ownership over all case files, created and developed in the performance of this contract. The Government shall have access to such case 'files at all reasonable titres• while they are in the possession of'the FEP Agency. The FEP Agency shall have access to such case files at all reasonable time while they are in the possession of the Eaual 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 FEP Agency except as authorized in accordance with TITLE VII Confidentiality Provisions. v -I IDE FICATI0P • , The FEP Agency agrees to indemnify the Goverment, its officers, agents, employees and essigaes, for all clams of any -nature arising out of performance of this contract,. including costs and expenses resulting from such claims. J-8 ACOWLEDG 2E' ` OR SPONSORSHIP SORSHIP ' KN The FEP Agency agrees that it the communication or felease of all information -doncea-ing work performed or work to be performed under this contract, such communication or release, whether in writing or otherwise, shall be jointly approved by the Contract Administering Officer and the PEP Agency, and shall include a statement to the effect that the project or effort depicted was o - is co-sponsored by the Equal Employment Opportunity'Commission. J-9 SUPERVISION I1 o LIAISON - The Equal Employment Opportunity through its Director, Office of Field Services has delegated to the District Director, responsibility on behalf of the Government for reviewing the FEP Agency compliance with the contract and evaluating the FEP Agency performance according to the Scope of Work of the Contract. - J-10 DL ECT AND INDIRECT COSTS FEP Agencies are hereby informed that no additional funds will be added for direct or indirect costs that are not already included in the total cost of this contract. 9-2 J-10. PAYt• Ei.iT I1.ST3UCTI0`iS A. Awards over $120,000.00 - This contract is subject to the letter of credit :'aethod of financing and shall be .e ployed in •'accordance with- EEOC • Order -No. 7:46 dated October 1 circular 1075, Fourth Revi> 1977 andc eep=rt��nt o, ^reasTreasurysion. - (attached) Por furVher information contact E=CC,'0:f' and furthetion, r^ a, ice of Program Planning, Finance anch, Roo. 3228, area Code (202) 0'3!'-70$0, B. A:rards Under $120,000,00, . . INVOICE Ii;ST?JCTIOci • • (a) General-. Strict compliance with the instruction will - facilitate :early—payment of'invoices: H .. .. pay-eilt can be Te , _ O�dYsub ec . made until this contract and subseo::ant modifications are returned, properly executed, to the Equal Etoloy =ent Oonortunity Commission, Cor_ssionn "E> Street, Washington, D.C:20j0o: Attn: Contracting Office r,Room 300.. •(b) Invoice Fors_ The PE? g gency tiust use copies of the "Public Voucher for Purchases and Services Personal", Standard Form 103'•:- Other Than be obtained from the Contract Conies of the icer nay • - S:d�instering Officer. Step 1 — Tae 'P Agency will prepare, sign and sub it copies of `Public Voucher for Purchases and Services Other Th.. r. Persona?", Standard Form 1034 to �._' the t_. . • Officer_ Contract ? ^i ise =1P.g Step 2 — The Contract f-d^dnistering Officer :rill receive and revie;. the Standard Form 1031If found correct and groper for payment, the Contract Administering Officer v;)1 sign the Standard Form 1034_ Step 3 — The Contract e— -'.mist_._ .:1, yellow copy. ,_. Administering Officer ;._ de__c:: one of Standard ror:= 103;,, ;,hen mail the` original and r"_aining copies of the Standard For:, 1031 to: • Equal Employment Opportunity Co .mission Finance Branch 2401.Street, 7 .: �:�:, t -'`- Room 3226 trashing on,'D.C_ 20506 • Step - The Contract Administering Officer will mail the detached yellow copy to the Contracting Officer for inclusion in the contract file, addressed as follows: • •Equal Employment Opportunity Commission Director, Contracts & Procurement•Division 2401 E Street, N.W., Room 3200 Washington, D.C. 20506 J-12 NOTICE OF ADVERSE COURT ACTION The Contractor will provide written notice to the Director, State and Local Division, Office of Field Services, of any adverse local, state or federal court decision issued against the Contractor relevant to the Equal Opportunity . clauses, Section L, of this contract. Such notice shall be provided within 10 days ,of the court's decision - 'J -13 PROGRESS PAYI4ENTS The progress payment clause contained in 41 C.F.R. 1- 30.510.1 is hereby mad part of this contract. Progress Payment - 1-30.510-1 • Progress payments shall be made to the Contractor as work progresses, from time to time upon request, in amounts approved by the Contracting Officer upon the following terms and conditions: (a) Computation of amounts... (1) Unless a smaller amount is requested, each progress payment shall be (i)•80 percent of the amount of the Contractor's total costs (except that this percentage shall be 85 percent if the Contractor is a small business concern) incurred under this contract, except as provided herein with respect to costs of pension contributions, plus (ii) the amount of progress payments t� subcontractors as provide in (j) below; all less the sum of previous progress payments. With respect to.cost of pension contributions, when pension contributions are paid by the retirement fund less frequently than quarterly, ac- cruals of the costs of these pension contributions shall be excluded from the Contractor's total costs for progress payment purposes unitl such costs are paid. If pension contributions are paid on a quarterly or more frequent basis, accruals of the costs of these pension contributions may be included in the contractor's 'total costs for progress payment purposes: Provided, that the pension contributions are paid to the retirement 9-4 0 fund within 30 days after the close of the period covered by the payment. If payments are not made to the fund within such 30 -day period, pension contribution costs shall be excluded from the Contractor's total costs for progress payment purposes until payment therefor has been made. (2) The Contractor's total costs ((a)(1)(i)) shall be reasonable, allocable to this contract, and consistent with sound and gen- erally accepted accounting principles and practices. However, such costs shall not include (i) any costs incurred by subcontractors or suppliers, or (ii) any payments or amounts payable to subcontractors or suppliers, except for complete work (including partial deliveries) to which the Contractor has acquired title and except for amounts paid or payable under cost - reimbursement or time and material subcontracts for work to which the Contractor has acquired title, or (iii) costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs. (3) The amount of unliquidated progress payments shall not exceed the lesser of (i) 80 percent of the costs (except that this percentage shall be 85 if the Con- tractor is a small business concern) mentioned in (a)(1)(i) of this clause, plus any unliquidated pro- gress payments mentioned in item (a)(1)(ii), both of which are applicable only to the supplies and services not yet delivered and invoiced to and accepted by the Government, or (ii) 80 percent (except that this percentage shall be 85 percent if the Contractor is a small business concern) of the total contract price of supplies and services not yet delivered and yet delivered and invoiced to and accepted by the Govern- ment, less unlicuidated advance payments. (4) The aggregate amount of progress payments made shall not exceed 80 percent of the total contract price (ex- cept that this percentage shall be 85 percent if the Contractor is a small business concern). (b) Liquidation. Except as provided in the entitled "Termination for Convenience of the Govern- ment," all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress, the amount of unliq- uidated progress payments, or 80 percent (except that this percentage shall be 85 percent if the Contractor is a small buiness concern) (see 41 C.F.R. 1-30. 512-2 for citation of lower percentages for this paragraph (b) and for (a)(3)(ii)J of the gross amount invoiced, whichever isless. Repayment to the Government required by a retroactive price reduction will be made after recalculating liquidations and pay 9-5 ments on past invoices at the reduced prices and adjusting the unliquidated progress payments accord- ingly. (c) Reduction of suspension. The Contracting Officer may reduce or suspend progress payments or Liquidate them at a rate higher than the percentage stated in (b) of this clause, or both, whenever he finds upon substantial evidence that the Contractor (i) has failed to comply with any material require ment of this contract, (ii) has so failed to make progress, or is in such unsatisfactory financial con- dition, as to endanger performance of this contract, (iii) has allocated inventory to this contract sub- stantially exceeding reasonably requirements, (iv) is delinquent in payment of the costs of performance of this contract in the ordinary course of business, (v) has so failed to make progress that the unliq- dated progress payments exceed the fair value of the work accomplished on the undelivered portion of this contract, or (vi) is realizing less profit than the estimated profit used for establishing a liquidation percentage in paragraph (b), if that liquidation percentage is less than the percentage stated in paragraph (a)(1). (d) Title. Immediately, upon the date of this contract, title to all parts; materials; inventories; work in progress; special tooling, nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufacturing aids not considered special tooling; and drawings and technical data (to the ex- tent delivery thereof to the Government is required by other provisions of this contract); theretofore acquired or producd by the Contractor and allocated or properly chargeable to this contract under sound and generally accepted according principles and practices shall forthwith vest in the Government; and title to all like properly thereafter acquired or produced by •the Contractor and allocated or pro- perly chargeable to this contract as aforesaid shall forthwith vest in the Government upon said acquis- ition production or allocation. Notwithstanding that title to property is in the Government through the operation of this clause, the handling and dis- position of such property shall be determined by the applicable provisions of this contract such as: The• Default clause and paragraph (b) of this clause; Term- ination for Convenience of the Government clause. Current production scrap may be sold by the Contractor without approval of the Contracting Officer and the 9-6 proceeds shall be credited against the costs of con- tract performance. With the consent of the Contracting ▪ Officer and on terms approved by him, the Contractor may acquire or dispose of property to which title is vested in the Government pursuant to this clause, and in that event, the costs allocable to the property so transferred from this contract shall be eliminated from the costs of contract performance and the Con- tractor shall repay to the Government (by cash or credit memorandum) an amount equal to the unliquidated progress payments allocable to the property so trans- ferred. Upon completion of performance of all the - obligations of the Contractor under this contract, in cluding liquidation of all progress payments hereunder, title to all property (or proceeds thereof) which had not been delivered to, and accepted by the Government under this contract or which had not been•incorporated in supplies delivered to and accepted by the Govern- ment_under this contract and to which title has vested in the Government under this clause shall vest in the Contractor. The provisions of this contract re- ferring to or defining liability for Government- furn- ished property shall not apply to property to which the Government shall have acquired title soley by virtue of the provisions of this clause: (e) Risk of loss. Except the extent that the Government shall have otherwise expressly assumed the risk of loss of property, title to which vests in the Government pursuant to this clause, in the event of the loss, theft, or destruction of, or damage to any such property before its delivery to and acceptance by the Goverment, the Contractor shall bear the risk of loss and shall repay the Government an amount equal to the unliquidated progress payments based on costs allocable to such lost, destroyed or damaged property. (f) Control of cost and property. The Contractor shall maintain an accounting system and controls ad- equate for the proper administration of this clause. (g) Reports -access to records. Insofar as per- tinent to the administration of this clause, the Contractor -will (i) furnish promptly such relevant reports, certificates, financial statements, and other information as may be reasonably requested by the Contracting Officer, and (ii) give the Government reasonable opportunity to examine and verify his books, records, and accounts. - (h) Special provisions regarding default. If this contract is terminated pursuant to the clause 9-7 entitled "Default," (i) the Contractor shall, upon demand, pay to the Government the amount of unliq- uidated progress payments and (ii) with respect to all property as to which the Government elects not to require ddlivery under the clause entitled "Default," title shall vest in the Contractor upon full liquid- ation of progress payments, and the Goverment shall be liable for no payment except as provided by the "Default" clause. (i) Reservations of rights. 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. Contractor from performance of his obligations under this contract, nor constitute a waiver of any of the rights and remedies of the parties under this contract. No delay or failure of the Government in exercising any right, power, or privilege under this clause shall affect any such right, power, or privilege, nor shall any single or partial exercise thereof preclude or impair any fur- ther exercise thereof or the exercise of any other right, power, or privilege of the Government. (j) Progress payments to subcontractors. (1) The amount mentionea in (a)(1),(11) or this clause shall be the sum of (i) all the progress payments made by the Contractor to his subcontractors and remaining unliquidated, and Cii). unpaid billings for progress payments to subcontractors which have been approved for current payment in the ordinary course of business, when under subcontracts which conform to (j)(2) of this clause. (2) Subcontracts on which progress payments to subcontractors may be included in the base for progress payments pursuant to para- graph (a) of this clause are limited to those subcon- tracts in which there is expected to be a long "lead time" between the beginning of work and the first delivery, approximately 4 months or more for small business concerns and 6 months or more for firms which are not small business concerns, and in which the provisions regarding progress payments (i) are sub- stantially similar to and as favorable to the sub- contractor than this clause is to the Contractor and on a basis of not more than 80 percent of total costs or 85 percent of direct labor and material costs (except that these percentages shall be 85 percent of total cost or 90 percent of direct labor and material cost for those subcontractors which are small business concerns), and (ii) make all rights of the subcontractor with respect to all property to which the Government 9-8 has title under the subcontract subordinate to the rights of the Government to require delivery of such property to it in the event of default by the Contractor under this contract or in the event of the bankaruptcy or insolvency of the subcontractor. (3) The Govern- . ment agrees that any proceeds received by it from "property to which it has acquired title by virtue of such provisions in any subcontract shall be applied to reduce the amount of unliquidated progress payments made by the Government to the Contractor under this contract. In the event the Contractor fully liquidates. such progress payments made by the Government to him hereunder and there are progress payments to any subcontractors which are unliquidated, the Contractor shall be subrogated to all the Government's rights by virtue of such provisions_ in the subcontract or sub- contracts -involved as if all such rights had been thereupon assigned and transferred to the Contractor. (4) The billings described in (j)(1)(ii) of this clause shall be paid promptly by the Contractor in the ordinary course of business, not later than a reasonable time after payment of equivalent amounts by the Govern- ment to the Contractor. (5) To facilitate small business participation in subcontracting under this contractor agrees to provide progress payments to those subcontractors which are small business concerns, in conformity with the standards for customary -progress payments stated in 1-30.503 of the Federal Procurement Regulations, as in effect on the date of this contract. The Contractor further agrees that the need for such progress payments will not be considered as a handicap or adverse factor in the award of subcontracts. 9-9 c SECTION K - GO'•P?%"^:c:T CONTRACT CONTACT Contracting Officer: • 4lilliac B. Jackson EEOC, Contracting Officer Telephone: (202) 634-7671; Place of Acceptance: See Section.1 of the Schedule Accounting and•Appropriation Data: See Block 111 of Standard Form 26 Contract Administration Office:' See Administration Office in Bloc; 6 of Standard Form 26 r` C` Contract Monitor Representative: Charlotte Frank, Director Office of Field Services Paying Office: EEOC, Finance Branch 2401 "E" Street, N.W., Room 3228 Washington, D.C. 20506 Telephone: (202) 631t-7050 FE? Agency Contract and Address (The address to ::hi ch pay=eats • should :,e mailed by the Govern- ment) See Block 8 of SF- 26 Contract Administering Office: See Clause J-3 District Offic.: District Director (See Block 6 of SF -26) Contract Specialist: Ernest H. Barber Contracts & Procurement Division 2401 "E" Street, N.W., ROOM 3200 Washington, D.C. 20506 Telephone: (202) 631+-7671+ 10-1 0 SECTION L - GFNENAL PROVISIONS TITLE INDEX OF GENERA; PROVISIONS • -• ?AGE 7U.•.3R L-1 DS? 1_SIOi:S 1-1 L-2 .CHANGES 11-1 L-3 EXTRAS 11-1 L-4 VARIATION IN QUANTITY 11-2 L-5 INSPECTION 11-2 thru 11 L-6 R-cSPC:iSI3ILI+Y FOR S?PLIES 11-3 I L-7 PAYMENTS 11-3 I L-8 ASS=C,=N_'S OF CLAIMS 11-3 thru-1-4 L-9 :r-7. -?". L, SATE;AND LOCAL TIMES 11- thru 11 L -l0 DEFAULT 11-5 tlaru 11-c L-1 DISPUTES - 11-7 L-12 BU_ AMERICAN ACT 11-T L-13 CONTRACT WORK _OJ=S AND SAFETY S_._iD,...TJ ACT - OVERTIME' COMPENSATION.. 11-8 I--14 EQUAL OPPORTUNITY CLAUSE 11-8 thra'_1-5 L-15 OFFICIALS NOT TO BENEFIT 11-9 L-16 C0V=??2Ji AGAINST CCI. G=,f^ ...._. 11-10 L-17,t1NATT-=OE C0 V=i=JCy' 0? TEE 00V -Z IT 11-10 L-18 2P1C1:G 0? rTZZST-- ZTS 11-10 L-19 Advance Pey tints • 11-1 0 L-20 EXAMINATION 0? RECORDS BY COMPTROLLER GENERAL -11-11 T_-21 NOTICE Pim ASSISTANCE REGARDING RAT= A.i0) COPYRIGHT - - INF INFRINGETZ '11-11 L-22 CONVICT ":30?. 11-12 �ialZ•TI •r C.•rAL TINE- 93S 1 1 L-23 L��.._...�_c., 0. BUSINESS CONCERNS --1- 2 L-24 ?s i•=!^ OF =.__ti.Si OF CONT &CTOR`s CLAIMS 11-12 L-25 UEILIZATION 0? MINORITY BUSINESS Fri PSISES 11-12 L-26 2-tt?0RITY BZSI.ESS Ei 771PR. f.a SUBCONTRACTING PROGRAM 11-13 L-27 PRICE REDUCTIO:( FOR DEFECTIVE COST OF ?RIC,... DAT.. ' 11-13 thru 13 L-28 AUDIT AND ?.-CORDS 11-14 thio 12 • CO`+ili:ur':iroi! 0 _ rc x OF CF_NEit . 'PROVISIONS - SECLIO;i L TELE PAGE iiUT3 1,-29 StJ COi•t1 :ACTOR COST OR PP._CE:0 DATA 11-15 11-15 = 30 _ CF _. DEC;_PP=3_ 11-17 1-31 DiS 3t EC 1=22:5 AND IS C: v IN ;•1 E? . 11-18 t 11-2C L-82 S=.d_CE CO: ACT_ ACT OF 1955 (AS ,:.'^.CED) 11-21 thru 11-25 L-33EESPc: S'3.. T='r= , OF CC 1R C=CR 21-26 . L -,4 ILIZATIO:I C_ LACR Sia PLUS AFEA. CON CE NJ 11-27 L-35 CLAN PIR AND ;1;TER 11-27 t.;. z. 11 -28 Ar. 1 SECTION L - GENERAL PROVISIONS L-1 DEFi:fITIONS (1-7.102-1) (a) Tie term "head of the agency" or "Secretar-''as used herein 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 tern "his duly authorized representative" mems any person or persons or board (other than the Contracting Officer) authorized to act for the head of the agency or the Secretary. (b) The term. "Contracting Officer" means the person executing this contract an behalf of the Government, and any other officer or civilian eoployee who is properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his authority. (c) 'Except as othes-w se provided in this contract, the term "subcontract" includes purchase orders under this contract. L-2 CF_=uiGES (1-7:102-2) 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) Drawings, designs, - - or specifications, :There the supplies to be furnished are to be specially manufactured for the Government in accordance there:iith; (2) method of shipment and packing; and (3) place of delivery. If any such change cause an increase or decrease•in.the cost of, or the time required for, the performance of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shall be rade in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the Contractor for ad- justment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change: ?roc de, however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Contracting Officer shall have the right to pre- scribe the wanner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact 1.ithin the ma=in g of the clause of this contract entitled "Disputes". However, nothing in this clause shall excuse the Contractor from Proceeding with the contract as changed. L-3 EXTRAS (1-7.102-3) Except as otherwise provided in this contract, no.eaya_n for extras shall be made unless such extras and the prices therefore have.been authori=ed in writing by the Contracting Officer. • L-4. VARIATIC:r IN OUANTIT'r (1-7.102-4) ' No variation in the Quantity of any item called for by this cont. -act will be accepted unless such variation has been caused by conditions of loading, shipping, orpacking, or allowances in manufacturing nrocessess, and then only to the extent, if any, specified elsewhere in this contract. • L-5 InrS?rC IO:i (1-7.102-5) (a) All supplies (which ter throw hoot this clause includes without ' limitation rat materials components, _:iter=ediate assemblies, and end products) shy be subject to J_tica and test by the Govern - meet; to the extent practical at all times and places including the period. of ranufact.:re, .and is arf :event :ribr to acceptance. (b)- In case any supplies or lots of supplies are '-=motive in material or Workmanship or otherwise not in conformity with the requirements of this contract, the Government shall have t..e right ether tore- • feet them (with or without iastr•'^' "'ns as totheir disposit ca) or to recuire their correction. S_polies or lots of supplies hich have been rejected or recuired to be corrected shall be removed or, _ permitted or reouiret by t.e_Contracttog Officer, co*•1e^'ed. in place by and at the expense of the Contractor promptly after notice, and shall not there=after be tendered for cce_ptaace na ess the former ✓ ejection or requirement of cora=^ " is disclosed. If the Contractor fails pro=ot1y to remove such supo1_es or lore of supplies which are recuired to be removed, or pror_ptly t., replace or correct such su»lies or lots of supplies, the Go•rerr. e=t e_pb__ (i) may by contract or otherwise replace or correct such s'--' =s and charge to the Contractor the cost occasioned the Government thereby, by, or (ii) may terminate this contract for default as provided in the clause of this contract entitled "Default". Unless the Contractor corrects or replaces such supplies w ithin the delivery .schedule, the Contracting Officer nay require the delivery of such supplies at a retucp_on rice which is equitable Ender the circumstances. Failure to agreeintosuch reduction of price shall,be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes". if any inspection or test is cede by the Govern=et on the orerises of the Contractor or a subcontractor, the Contractor -ithout additional charge shall provide all reasonable facilities and assistance for the safety and convenience of the Government inspectors in the performance of their duties. Ir Government is_—'4on 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 _..rent as other..ise provided in this contract: ?rovided, That in case of rejection the Govern=ment shall not be .liable fr any reduction in value of samples used in connection'. with such inspection or test. All inspections and tests by the Govern- • nent shall be oerfornsd in such a canner as not to unduly delay the uo k. The Government reserves the .isht to c'=t,_ :.othe Contractor any additional cost of Government inspection and test when supplies are -.tot ready at the tine such inspection. and test is reeuested by the contractor or when reinspection or retest is necessitated by prior rejection. Accer•:_.ce or rejection of the supplies shall be ode as promptly as practicol after delivery, except as otherwise provided in thiscontract; act but fail•ire to :.nsaect and -- cr eject= 71:es shwa'' neitherrelieve the Contractor from responsibility for such supplies au ere not in accordance with the (0) 11-2 • (d) contract requirements nor impose liability on the Government therefore. • ant The inspection and test by the Government o: any supplies or lots there- of does rot relieve the Contractor from any responsibility reg=. -ding defects or ether failures to neet the contract reg uirezents-uhich may be discovered prior to acceptance. Except as otherwise provided in this contract, acceptance shall be conclusive except as records latent defects, fraud, or such. gross mistakes as a=our_t to:f_aud. (c) The Contractor shall provide and maintain an ins. -';on system acceptable to the Government covering the supplies hereunder. Records of all'in- spection work by the Contractor shall be kept complete and available to the Government during the performance of this contract and for such longer period as may be specified elsewhere is this contract. L-6 - RES?o sI3ILITY F02 STIPPLIES (1-7.102-6) c:cept as otherwise provided in this contract, (i) the Contractor shall be responsible for the supplies covered by this contract until they are delivered at the designated delivery point, regardless of the point of inspection; (ii) - after delivery to the Government at the designated poiad Prior to accept- a,.ceby the Government.or rejection and giving notice thereof by the Government, the Government shall be responsible for the loss or destruction, or damage re- sults from the negligence of officers, agents or employees of the Government acting within the scope of heir employment; and (iii) the Contractor shall bear ail risks as to rejected supplies after notice of rejection, except that the Government small be responsible for the loss, or destruction of, or damage to the supplies only if such loss, destruction or damage results from the gross negligence of officers, ezents, or employees of the Government actino within the scope of their employment. L 7 ?A M:JTS (1-7.102-7) The Contractor shall be paid, upon the submission of proper -invoices or vouchers, the ovines stimulated herein for supplies delivered and accepted or services rendered and accepted, less deductions, if any, as herein provided. Unless other- wise szecified;-r,:syment will be made oa partial deliveries accepter by the Government when the amount due on such deliveries so :.--rants; or, vhea requested by the Contractor; payreot for accepted partial deliveries shall be made when- ever such payment ou d ecual or excest either $1,000 or 505 of the total amount of this contract. L-8 ASSiGGt tS OF CLAIMS (1-30.703) (a) Pursuantto the provisions of the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), is this contract provides for payments aggregating $1,000 or more, claims for moneys due or to become d e the Contractor from the Governme_.t Und__ this contract be assigned • bards:, a ban, trust company, or other financing iostitutioa,i including any Federal leading agency, and may thereafter be further assigned and re- assigned to any such institution. Any such assignment Ur reassignment shall cover ol1 amounts payable under this contract and not already paid, and shall not be rade to more than one party, except that any such ass'a pent.or re- ansign.-_ent may be .made to one party as agent or trustee for t:.ro or more varties participating in such financing. Unless otherwise provided in this contract, _araents to 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. 11-3 (The preceding sentence applies only if this contract is made in time of war or national emerEency as defined in said Act and is with the Department of Defense, the General Services 'd.-:inistratioa the Atomic Energy Commission, the National Aeronautics and Space Administration, tho Federal Avaiaticn Agency, or any other depart- ment oragency of time United States designed by the President pur- suant toClause 4 of the proviso of Section 1 of the Assignment of Claims Act of 1940, as amended by the Act of Nay 15,41.) 1951, 66 star. (b) In no event shall copies o -f this contract or of any plans, spec - . or other similar documents relating to work under this contract, if marked "Toa Secret," "Secret," or "Confidential," be furnished to any assiEnee of any claim arising under this contract or to any other person not entitled'to receive the same. However, e. copy of any part or all of this contract so marked nay be furnished, or any in=or-ation contained therein may be disclosed, to such assignee upon the prior written authorization of the Contracting Officer. L-9 FEDERAL, STATE ARD LOCAL TAXES (1-11.401-1) (a)' Except as may be otherwise pro--ided in this contract, t.,_ contract _price includes all applicable Federal, State and local taxes and duties. (b) Nevertheless, with respect to any Federal excise tax or duty on the transactions or property covered by this contract, if a statute, court decision -itten-ruling, o:i date, and --- ea—s ion takes effect zcontract the (1) Results in the Contractor being required to pay or bear the burden of any such Fede_a1 excise tax or duty or increase in -the rate ]^ereof which would not otherwise have been payable on such transactions or • property, the contract price sail be increased by the amount of such tax or duty or rate increase: provided, That the Contractor if request- ed by the contracting officer, warrants in :citing that no amount for such newly imposed Federal excise tax or duty or rate increase :as in- cluded in the contract price as a contingency reserve or ^otte =se; or • (2) Results in the Contractor not being required to pay or bear the burden of, or in his obtaining -a refund or drawback _Aback of, ay such Federal excise tax or duty which would otherwise have bean payable on such trans- actions or prose ty or which was the basis of an increase in the contract price, the contract price shall be decreased by the amount of the relief, refd, or drawback, or that amount shall be paid to Government, as u directed by the Contracting Officer. The contract price shall be • si_larly decreased if the Contractor, though his fault cr negligence or his failure to follow instructions of the Contract' g 0"`°^=- is • reg••: ed to pay or bear the burden of, or does rot obtain a refund or • drawback of, any such Federal excise tax or duty. (c) No adjustment pursuant to paragraph (b) above will be rade underyis contract unless the aggregate a�cu.•*.t thereof is or may r-ascnablybe expected to be over $10C. (d) As used in paragraph (b) above, the tern "contract date" neans the date -set for the bid opening, or if this is a negotiated contract, the2 date of this contract. As to additional suppi.i s or services proc_ed b/ :modification tothis contract the t__= contract date" means the date of such modification. L -1O (e) Unless there does not exist an? reasonable basis to substain art exemption, the Goverr^^nt, upon request of the Contractor, Without further liability, agrees, except as otherwise provided in.this contract, to furnish evidence attrooriate to establish exe-ption from any tax" which the Contractor warrants in siting vas e:cclud=_d :root s contract price. In addition, the Contracting ray furnish evidence to establish exemption from any tax t= t nay, pursuant to this clause, Give rise to either az increase or decrease in the contract price. Except az otherwise provided in this contract, evidence appropriate to establish exemption fro= duties ::ill be furnish only at the discretion of the ' Contracting Officer. - (f) he Contractor shall nrcaotly notify the Contracting Officer of matters ;.which will result in either as increase cr decrease is the contract Write and shall take action With respect thereto as directed by the Contracting Officer. DEFAULT (1-S.707) (a) of; or The Government =ay, subject by written notice of default any part of this contract in (i) If the Contractor fails form she segr_cea .._t..in the to the provisions of paragraph (c) below, to the Contractor, ter:_.ate the whole or any one of the following circumstances: to cake delivery c: the supplies or to per- tica specified herein or ar.r e :tersica there - (ii) If the Contractor fails to perfo:ra any of the other provision of thi contract, cr so' fails to'ma':.e progress as to e^ -dancer performance.of this contract in accordance :with its terns, and i'either of these two circum- stances does not cure such failurein tha period of 10 days (or such longer period as the Contracting Officermayauthorize in writing) after receipt of notice from the Coatracti_gg Officer specifying suchrfailure. the -event (b) In rent the Government terminates this contract in Whole or in part as provided i. paragraph (a) of this clause, the Government may procure, upon such terms and in such =ar__r as the Coatracting Officer may deem appropriate, supplies or services s`` -lar to those so te—=atea, and the Contractor shall be liable to the C_•:er==hut for any excess costs for sucl similar supolies or services: Provided, That the Contractor shall contiperformancethe performance of this contract to the extent not terminated under the -provisions of this clause.. (c) xcept with respect to defaults of subcontractors, the Contractor shall . not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and :. ithout the fault Or veali e.^.0 o: the Contractor. Such causes may include, but are not restricted to•a__t. of God or of the public enemy, acts ofthe Gove^^e^t in either its sovereign or coat:act:10 capacity, __es, floods, epide._co, quarantine restrictions, strikes, freight' embargoes, aid unusually severe ve=_her; .but in every case thecfailure to perform must be beyond the coanral _.d without the faint arnegligence of the Contractor. If the failure to Der - form e -form is caused by the default of a sub -contractor, and if such default arises out of causes beyond the control of both the Contractor and sub- -...._---=.._ am without the fault or negligence o_^ either of thea, the Contractor shall not be 1;=`l- for any excess costs for failure to per - 11 -5 fora, unless the supplies or services to be furnished by the sub -.co tt: actor were obtainable fro;: 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 to transfer title and the to te Government in the manner and to the extant directed by the Conti -_:.L,, Officer,(1) any c mpleted suoplies, and (ii) such partially completed supplies and materials, parts, dies, jigs, fixtures, plans, drawings, information. and contract r_c is (hereinafter called "manufacturing materials") as the Contractor has specifically produced or specifically acquired for the performance of such part of this contract as has beenated; and the Con- tractor shall, upon direction of the Contracting Officer, protect and preserve prosety in possession of the Contractor in which the Government has an interest. Payment for completed supplies delivered to and accepted by the Government shall be at the contract Price. Payment for manufacturing materials delivered to and accept -by the Government and for the protection and Preservation of pronety shall be in an amount agreed upon by the Contractor and Contracting Officer; failure to agree to such amount shall be a dispute concerning a ques- tion of fact within the nea_aing of the clause of this contract entitled "Disputes." The Goverment may withhold from en uz is othe ise due the contractor for such completed supplies or manufacturing materials such sum as ti -re Contracting Officer determines to be necessary to protect fprot^ the Government against loss because of outstanding liens or claims of former lien holders. (e) If, after notice of ter_ination of this contract under the provision: of this clause, it is determined for any reason tat the Contractor ,-_ not In default under the'provisions of this clause, or that the default -- vas excusable under the provisions of this clause, the rights and obligations of the parties shall, if the contract contains a clause providing for termination for convenience of the Government, be.the san=e as if the notice of termination has been issued pursuant to such clause. If, .met -.r er notice of termination of this contract under the provisions of this clause, it is deterred for any reason thatye Contractor ;.as not in default under the provisions of this clause and his contract does not contain a clause providing for termination for convenience of the Government, the contract shall be equitably adjusted to compensate for such termination and the contract modified accordingly; failure to agree to any such adjustment shalll be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." (f) 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 tarag aph (c) of this clause, the terms "subcontractor" and "sub -contractors" means subcontractor(s) at any tier. 11-6 L-11 DIS?tSE3 (1-7.102-12) , (a) Except as otherwise provided in this contract, any dispute coecernitt a question of fact arising under this contract pica is net disposed of by tree^eat shall be decided by the Contracting Officer, who shall reduce_ his decision to writing and mail or otherwise _rnj.sh a copy thereof to the Contractor. The decision of the Contracting Officer shall b2+ _n•=1 and con- clusive unless within 30 days from the dace of>e>:?t of suchcopy, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Chair. The decision, of the Secretary or his duly authorized rearesettati-re for the determination of such appeals shall be final and conclusive unless determined by a court of co_pet'ent jurisdiction to have been fraudulent, or capricious; er^arbitrary, or so grossly erron- eous as necessarily to imply bad faith, cr not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor sail be afforded an opportunity to be heard and to offer evi- dence in support of its appeal./ Fending final decision_ of a disy_te here- under, the Contractor shall proceed diligently :ith the performance of the contract and in accordance with the Contracting Officer's decision. (b) This "7isputes".alta-use does not preclude consideration of lair questions in connection with decisions provided for in garaz azn (a), above: Provided, That nothing in•this contract shill beconstrued as t^±_; final the de - administrative official, representative, or board on a question cision of any adninistrati _ ____..._�_��. of law. 1-12 BUY IC =•T ACT (1-6.104-5) (a) In a _cqu;ring end products,American The 3t; __-ican Oct ('41 U.S. Codes 10a -'_0.i) providesthat the Government give preference toe domestic source end products. For the purpose of thisclause: (i) "Components" means those articles, materials and supplies, which are directly incorporated i the end products; (ii) "id ?roduczs" means•thcse articles, materials, and supplies, which ere to be•h.cCaired under this contract far public use; and (iii) ., "domestic source end product" means (a) an =manufactured end product which has been mined or produced in the United States and (3) an end product manufactured in the United States if the cost of the comtone:ts thereof which ate `..ed, produced, or manufactured in the United States exceed 50 percent cf the cost of all its components. For the purpose of this (a) (iii)( 0), COmpone its of foreign origin of the same type or Lind es the products referred to in (b) (ii) or (iii) of this clause shah be treated as components mimed, produced, or Manufactured in the United States. (b) The Contractor agrees that there :-_11 be delivered under this contract only domestic source end trodects, encemt end products: (1) which are for use outside the United States • (ii) Which the Co•:errment determines are not mined produced, or manufactured in the United States i.• suffidiett and reasonably available commercialquantities end of satisfactory quality; S� dete,--:,es the domestic preference to be (iii) n5 to which t:^... Secretary �i�_..__ which t Secretary inconsistent with the �pL`}'l1C`interest; Or (='i )` .i5 to �.._ deterrines thecost to the CJ'terh ettt to he uoreas0czble. • (The foregoing requitetts are administered in accoremmce :ith IXecutive Order No. 10582, dated December 17, 1954.) 11-7 'anis contract, to enc extent taut it is of t: cnar%let.ur specify= In c::: t.oncracc Work Hours and Safety Standard Act (40 U.S.C. 327-333), is subject to the follow- inc provision= and to all other applicable provision= and exceptions of much Act end the regulations of the Secretary of Labnr thereunder. (a) Overtime requirements. i;o Contractor or Subcontractor co: tractin& for any part of the contract work which may require or involve the em- ployment of -bore_ mechanics, apprentices, trainees, watchmen, and guards^shallj.enu`re or any labor_. -_.ani_ apprentice, trainee, ...__._.n, or guard in any workweek in which is _employed on such wort: to` work in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek on Mork subject to the oro'isions of the Contract :.orti Hours and Safety StandardsAct unless suchlaborer, mechanic, apprentice, trainee, watchman, or guard receives compensation at a rate not less than one and -one-half times his basic rata.of pay for all such hours marked i s excess o: 8 hours in any calendar da( or in excess of 40 hours is such �vr'tiree i,rhicherer is the greater numb__ of overtime hours. (b) Yiolation; liability for unpaid :.ages; liouidated damages. In the event of any violation of the Provisions of paragraph (a), the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such Contractor- and subcontractor shall be liable to.the United States for liouidated damages. Such liquidated da.:a3es shall be ccoSuted with repect to each individual laborer-, mechanic, trainee, watchman, or guard employed i, violation of the provisions of paragraph (a) is the sun of $10 for each calendar day on which such employee gas re•cuircd or- _._.ted to employe on such worm. in excess e 8 hours or in excess of'hisnstandard •:ork.;eek of !0 hours without ay ent of the overtime wages required by paras__ (a). (c) Withholding for unpaid wages and liquidated damages. • The Contracting Officer ;ay ithhold from the Goverra e _t ?rime Contractor, from any moneys payable on account of work performed by the Contractor or subcontractor, such. sums as may administratively be dote^.i^ed to be necessary to satisfy any liabilities of such Contractor or sub...:.:._actor for unpaid rages and lioui ated da•z es as provided in the provisions of paragraph (b). (d} Subccntrzcts. The Contractor. shall insert paragraphs (z} through (d) of this clause in a12 subcontracts, and shall J.. reouire their inclusion in all subcontracts of any tier. (e) Records_ The Contractor shall'^a_iatain payroll records containing the . information specified i, 29 C:3 516.2(a). Such records sham be preserved for 3 years from the completion of the contract. L -lb ZsU.IL 0??0?TUNIT_' C==.USc (1-12.203-2) During the _for_._nc_ of this cor=_act, the Contractor agrees as follows: . • (a) The Contract.. will not dic.-_;:inat_ against any e_oloyee or apolicant for employment because of race, color, religion, sex, or national origin. The Contractor ail' take affirrativeCwt_ , to ensure that applicants employed, and thatemployees are treated during e. -.ploy ant i houz regard to their race, color, religion, sex, or national origin. Such action shn=?1 include, but not be limited to, the following: =ploy -s^ , upgrading, de- motion, ^antrsfer; recruitment ,.. or r___- advertising; layoff or ter- miration;rates of payor other forms of compensation; and selection for training, including aporeaticeship. 11-8 The Contractor agrees to post in conspicuous places avaiiable to employees and applicants for employment notices to be provided by the Contracting Officer sectio; forth the provisions of this Equal Cpport'unity clause. (b) The Contractor- will, in 211 solicitatio:_s.or advertisements for e= loyees placed by or on behalf of the Contractor, state :hat all qualified applicants will rocieve consideration for employment without regard to race, color, religion, se.:, or national origin. (c) The Contractor swill send to each labor union or representative of vor.._rs :with which he has a collective bargaining agreement or other' contract or understanding a notice, to be provided by the agency Contracting orr advising the labor union or :.markers' representatve os the Contractor's commitments under this Equal Opportunity clause, and shall post copies of the notice in conspicuous places available to employees and acolica-ts for employment. (d) The Contractor will comply with all provisions or Executive Order No. 11245 of Seotecber 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor :ill furnish all information and retorts required by Exc_tive Order No. 11246 of September 24, 1965, and by the riles, regulations, and orders o: the Secretary o; Labor or pursuant thereto, and will permit rmit access to his cools, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance - 'with such rules, res 1at_oas, and orders. (r) In the event of the Contractor's noncompliance with the Ectal Opportunity clause of this cont. -act or with any of the said' rules, regulations, or this contract nay .,e canceled, terminated, or suspended, in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordcn_e with procedures authorized in Executive Order 11246 of September 24, 1965, apii.�uch othersanctions as may be impose_ and remedies invoked as provided in Executive Order 112,6 of'Se9te-ber 24, 1965, or by rule, regulation, or order of the Secretary of iabor,.or as otherwise provided by law. • (g) The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulat- ions, or orders of the Secretary of Labor issued pursuont to Section 204 of Executive Order No. 112:6 of September 24, 196.5, -so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such 'action -_th _ear .. to any subcontract Or purchase order as the Contracting agency may direct as a means of enforcing such Provisions, including sanctions for §:o.. lip c_. Provided,however,in the eventthe Contractor es inin, or is threatened with, litigation with a subcotract or vendor as a result ef ~ such direction by the Contracting agency- Contractor may request the United States to enter into such litigation to protect the interests of the United States. - L-15 OF CELLS NOT TO BENEFt'T (14.102-17 ) No member of or delegate to Congress, or resident ccsnissioner, shall be admitted to any sham or :a.rt of thisVo. to any ben____ that may arise therefrom.. but this provision shall not be construed .. to _tend to this contract made with a corporation for its general benefit. 11-9 L-16 COVE:; ''' TT F.G.:=RS-7 CC:: :rCcrT FEE (1-1.503) The Contractor warrants t..at no person cr selling agency has been employed or retained to.solicit Or secure this contract upon an agree.^..e.^.t or under- - standing n e:- standiag :ora commission, percentage, brokerage, o.- contingent fee ex- "c.^pting bona fide employees or Ana fide established commerical or selling agencies r.==. tai_.ea by the Contr.-actor :or .._ -urns_ o: securing business, For breach or violation of this warm •: the Coernr..cat shall have the -- right to annul this contract without liability or in its discretion to - de_uct from the contract price or consideration or otheruise ._cover, the .full amount of such co=issio=, cerceatage,e_erage, or contingent fee. L-17 TE?_ ::AT_T.... FOR :OT,T.:T=_rCE 0? _3_ CGvr 'r- T(1-8..705-1) T__..._aat_on clause • for fixe. __ice c __. cis. • • (a) Applicable to (i) supply contracts not in excess of $100,000, and (ii) service contracts of an: a- ou^t. f This Contracting Officer, by .._..ten notice, may ,. terminate this contract, in whole or -.part, when itis in tee best . - interest c .._e Government.. If this contract is for supplies and is so term- inated, the Contractor_shall "a11 be ccryensat__ in accordance .,eta 7_ . 1-3 of '; the Federal _roc -=__.. Regulations s(41 CF? 1-8), in effect on this contract's date. To the extent that this cont=act is.for services and is so terminated, the Government shall he liable only for payment in, accordance with the ^ent _ provisions of this contract for services rendered prier to the e feet`_ e date of termination. 1 (b) Applicable to supply contracts inexcess of $1CO,000. The clause set forth in 41 CFR 1-8-701 is arolic_ble if this cont=act is in excess of $100,-0C3. L-18 PRICING OF :12-.17157•72-23 (1-7.102-20) L-19 When costs are a factor in any determination of - contract price adjustment pursuant -to the "Changes" elacise or any other provisions of this contact, such costs shad be in accordance with the contract cost principles and o- cedu es in tai. --T.1-15 of the Federal c r event Regulations (41 CFR 1-15) or ',Section:CI of the Armed Services Poco eme_t Regulations in effect On the date of this contract. "The following clause shall govern advance pa; gents to the Contractor". (a) Amount of Advance. At the request of the contractor, and subject to the conditions hereinafter set forth, the government shall sake an advance 'payment, in accordance with the Payment Schedule or - advance payWents from time to time, to the Contractor. Pro advance N payment shad be made (1) without the approval of the Office of Administering advance payments (hereinafter called the "Administering Office" and designated in paragraph (d) (hereof) as to the f dancial necessity therefore; (2) in any amount which together with the • unliouidated balance of all advance payments theretofore raue,'s all exceed the amount stated in paragraph (d)(1) hereof; and (3) without a properly approved invoice or invdices. 11-10 (b) Return of Funds. The Contractor may at any time regal all or any part of the funds advanced hereunder. Whenever so recuested in ,siting . by the Administering Office, the Contractor shall, ::ithin'60 days,,reoay 'the Government such part of the unlicui.dated balance of advance Payment as shall,- in the opinion of the Administering Office, ba ie excess o= • current needs. the Contractor shall be deen_d in coroli anc i with ..he tirle _ecuirenent of the preceeding sentence i the chief ad:in_iste_i officer of the contractor shall_ have intitisted in r d ting; t in�said time period, a reauest for repayment of such funds t0 the Government, shall have deposited. such request in the hands of the state or political stb- division comptroller, Treasurer, or other state or political subdivision official responsible for disbursing state or political subdivision funds, and shall have Presented a of copy such recuest to the Ae,-,inistering Officer. At any time during the first forty-five (45) days following the recuest of the Administering Office to return funds advanced, the Contractor, if it determines that the request is unreasonable, nay apaeal the =atter of the Executive.Director- of the Commission, those decision shall be final. (c) Information -Access to Records. The Contractor shalll furnish to the Administering Office signed statements of expenditures. The Contractor shad also provide financial reports at such other intervals as may be reeuired upon reasonable - notice given_ The Contractor shall, at all reasonable ties, afford to authorized representatives of the Government proper facilities for inspec- tion -of the Contractor's -books, records and accounts.. • (d) Designations and Determinations (1) -Amount. The unliquidated balance of advanced pa_r-en_ts at any- time nytime outstanding hereunder shall not exceed 25% (2) Administering Office. The Office administering advance payments is designated as District Director, District Office, the address which is stated in Block Igo. 6 of Standard Form 26. (e) Other 'Security . •ine. terns of thi s contract shad be considered 'adequate -security for advance payments hereunder. (f) Representation and r•.Tarranties. To induce the mating of advance .vaynents, the Contractor represents and uai-rants that: (1) The Contractor has the pouer to enter into this contract and accept advance payments hereunder, and has t_' -:en all N:necessa-_y action to authorize such acceptance under the terve and conditions of this contract. (2) None of the assets of the Contractor is subject to any lien or encumbrance of any character except as shown in the financial statements f`.urnished by the contractor to the Administering Office. There has been no assignment of claims under this contract affected by these advance payment pro- • visions,or if here has been any asa_g -, such asst; - nent have terminated. 11-10A (3) (b) All in=oraatio^ furnished by h Cor_tractor.tosthe Administering Office in connection with such request for adtance Payment is true and correct to the best knowledge o£.the Chief administering officer to the Contractor. • These representations ad.war anties shall be contin- uing and shli bs deemed to have been renewed by the submission of each invoice for advance payeerts_ (g) -Cor_venants. Faring the period -o_ time that advance payments may be rade hereunder and so long as• such advance payments reain . uuliouidated, the Contractor s ai? . not without the prior u.-rittea consent of.the A�^;r+;ster=ng Office_ (1) Sell, convey, lease, mortgage, pledge, or Otherwise • encumber, of Shier to be encumbered, any of the physical prover vy of the Contractor which has been _ procured with ad:rance payoents under this contract and uhic= are- a1? ocated to the • perfor^ce of this', contract.• • • • - (2) 3.3a_.e in;r advance or loan.to or incur any liability as guarantor,.surety, or accommodation endorser - for• any fire, -person, or corporation_ (3) Permit a writ of attachment or any similar Process to •. be issued against -its property -without procuring re- lease thereof or bonding the•sane z_th_u thirty (30) days after the entry of the :.-rit.of attacu=eot. or any • similar process_ • ' "'ti -ins L-20 c X!v.a r^=O:i 0? RECORDS LY co:+ --'"ROLL':: G: E?AL (1-7.103-3) (e.) This clause is applicable if the amount of this contract exceeds $10,000 and was entered into by means of negotiation, including small business restricted advertising, but is not applicable if this contract vas entered mato by means of formal advertising. CO) The Contractor agrees that `..e Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 yeas after final payment under this contract or such lesser time specified in either Appendix 1 of t..- Armed Services Pro- curement Regulation or the Federal ?recur_...-nt 3egu1 ions Part 1-20, as appropriate, have access to and the right to examine any directly pertinent books, documents, Papers, and recon.s of the Contractor involving transactions related to this contract. (c) The contractor further agrees to include in all his subcontracts hereunder. a Provision to the effect that the subcontractor asrees that the Coptsolle_ Generaal of the United States or any of his duly authorized representatives shall,until the expiration of 3 years after final payment under the subcontrac* or such lesser i e specified in either 2: of the :-mei Services Procure: ent Regulation c.- the Federal'Frccure.-eat Regulations Fant 1-20, as appropriate, have access to and the right to examine any directly pertinent books, documents, tapers, and records of such subcontractor, involving transactions related to the subcontract. The t "subcontract" as used in this clause excludes (1) -chase orders not exceeding :2,500 and (2) subcontracts or purchase orders far public utility services at rates established for uniform. applicability to the general public. (d) The periods cf access and examination described in (b) and (c) above, for records which relate to, (1) appeals under the "fl spates" clause of this contract, (2) Litigation or the setti=me_t of claim's arising out of the perfcrrance cf this contract, or (3) costs and expenses of this contract as to which extePtion has been taken by the Comptroller General or any of his duly authorized representatives, shall continue until such appeals, litisa- tio",.cla=s, or exceptions have been disposed of. L-21 NOTICE AND ASSISTANCE REGARDING PATENT AND CO?Y3IG:._ INFRINGEMENT _'i (1-7.103-4) (a) The Contractor shall report to the Contracting 0f'=` -e-, promptly and in reasonable written detail, each notice or claim of patent or copyright inz-inse_ent based on the perfo nince of this contract of whieri the Contractor has 2rno•,:ledoe. (b) In the event of any claim or suit against the Government, on acconmt.of any alleged patent or copyright infringement arising out of the Performance of this contract cr out of the use of any supplies furnished or .orb_ or services per_o—ed hereunder, the Contractor shall furnish to he Craver r=ent, vhen by the Contracting Officer, Ll evidence and inforrultion _n possession of the Contractor ce taininE to such suit or claim. Such evidence and info: _tion shall be furnished at the expense of tne Government except where the Contractor has a, ,. agreed t ---_-.--.- the Government - L-22 CONVICT L.00ii (1-12.204) In connection with the performance of work under this contract, the Contractor aErees not to employ any person Undergoing sente'..ce of impriccn moot emcopt as provided by Public Lar 29-176, Septerrben 10, 1965 (16 U.S.C.4082(c)(2)) and Executive Order 11755, December 29, 1973. L-23 U T_LTZ--.TI0a OF .. _4LL OUSE!=5S CC;'CE?_fS (1-1.210-3(a)) (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 ser- vices for the Government be dated with small business concerns - (b) Tha Contractor agrees to accomplish the maximum amount of subcontract- ing to s1r211 business concerns that the Contractor finds to be consistent with the efficient nerfor-sane of this contract. It -24 P _i = 1T CF INTEREST ON COUTP C TO?.S' CIA= (1-1.322) (a) If an anneal if filed by the contractor Prones 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 Cave-^. _int shall be payable to the Contractor. Suchinterest shall be at the rate determined by the Secretary of the Treasury pursuant to Public sat 92-41, 65 Stat. 97, from the date the Contractor frier sees to the Contracting Officer his ; itten a.77'.=1 under the Disputes clause of this contract, to the date of (1) a final ',judgment by a court or competent ju isdicaticn, or (2) railing to the Contractor of a suoolerental agreement for execution either confirming completed negotiations between -the parties or carrying out a decision of a board of contract a2rea?s. (b) Notwithstanding (a), above, (1) interest shall be apclied only from the date payment was due, if such date is later than. the filing of appeal, and (2) interest shall noto be paid for any period of that the Contract- ing Officer determines the Contractor has unduly delayed in pursuing his remedies -before a board of contract appeals or a court'of competent juris- diction. • L-25 UTILIZATION OF 1ENORITZ BUSINESS ENTERPRISES (1-1.1310-22(a)) (a) It is the policy of the Government that minority business enterprises - shall have the 1axim= practicable opportunity to participate Si'. the per- formance of Government contracts. (b) The Contractor agrees to use his best efforts to carry cut 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 t_r:t "minority business enterprise" means a business, at least 50 percent of which is owned by minority group members or, iii case of publicly owned businesses, at least 51 ^ rce : of the stock: of which is owed by minority group members. For the purpose:: of this definition, minority group members are Negroes, Spanish -sneaking American nersons, . ___c°an- rientals, A-_. nd!ons, American Eskimos, and American Aleuts. Contractors may rely o, written _n representations by subcontractors regarding their status as nitoritybus_.ess. enterprises in lieu of an independent investigation. 11-12 •L-26 itii::ORiT•i B=BSS ....__77?_SES SUBCO=A...1T:T0 PROCRA (1-1.1310.2(b) (a) The Contractor agrees to establish and conduct a program which' __i enableminority busies: enterprises (as defined in the clause entitled "Gtii a`l o of : 'nor,ty 3usiness Enterprises") to be considered fairly as subcontractors and suppliers rice_ this contract. In this connection, t:,e Contractor shall: (1) Desi;:;nate a liaison officer who will administer ..he Contractor's Minority Business Enterprise Program. (2) Provide adequate and timely }consideration of the zotectialities of I:no;.:z minority business enterprises in all k -or-buy" decisions. (3) Assure that Stour minority busiress enterprises will have a.eable opportunity to compete for subcontracts, pa tic• laxly by arrangingsolicita- tions, time for the Preparation of bids, Quantities, specifications, and delivery schedules so as to f,^41itate the participation of minority business enter ±sus. (k) Maintain records showing (i) procedures which have been _ _- __ to cc.^_oly lith the policies set forth is this clause, including the establishment of a source list of minority business enterprises, (ii) awards to minority business enterprises on a source list, and (iii) specific etfortsto, the and aaa:•d contracts to minority busi^ess enterprises. (5) _Include the "Utilization o: Minority Business ite-orises" clause in subcontracts 'which offer substantial minority business enterprise subcontracting opportunities. ubcontract -- opportunities. • (6) Ceooerate ,.nth . :e• CcntractinG Officer in any studies and surveys of the Contractor's minority business ent_rorises procedures and actt_os ..ha., tha Contracting Officer may from time to time conduct. (7) Su!t. oei-iodic reports of subcontracting to =:.._ i_ o-cority business enterprises with respectto the records referred to in�suboaragrao (-) above, in such for= and rian:e- and _t such tine (not more often ththancue ter'_::) as the Contractiag Officer men prescribe. (b) The Contractor further agrees to insert, in any subcontract hereunder w. -_h may e.ceed $500,000 provisions Mich shall conform substantially to the la_,— uagge of this clause, including this paragraph (b), and to notify the Contracting Officer of the names of such subcontractors. L-27 PRICE 2'DUCT=c:'. .G.. DEFECTIVE COST OR PRICING DATA (1-3.81'-'-1(a)) Ti' any price, including profit or fee, egot_ated in corn .,'', -,1 v=ch -..is contract or any cost _._.,._sable under this contact ..as __creased b a s.io __ficant sum. because: (a) The Contractor furnished cost or pricing data ,-hick as not accurate, complete and current as certi=4.A 41 the Contr__tor's Ce_t;= ate of Current Cost of Pricing Data; ' 1 (b) A subcontractor, pursuant to the clause of this contract entitled "Subcantract Cost or Pricing Dat." or "Subcontractor Cost or Pricing Data Price Adjustment" or any subcontract clause therein required, furn- ished cost or pricing data which was not accurate, complete and Current as certified in the subcontractor's Certificate of Current Cost of Pricing Cita; (c) A subcontractor c: prospective sbcont_ _tor furnished cost or pricing data which was required to be accurate complete `._ current end _ o b_ sub-.: ted tonsupoort asubcontract cost estimated furnished by the Co:trac=or but ...._,ch was not accurate, complete and current as of the date certified in theContractor's Certificate of Current Cost or Pricing Data; or (a) The Contractor or/ a subcortractoir or prospectife subcontractor _..rnishd any data, not within (a), (b), or (c) aliove, which was not -___rate as submitted the price or cost shall be reduced accordingly and the contract shall be codified in citing as may be necessary to reflect such reduction. However, any '.'eduction in the contract price due to defective subcontract data of a orosp_Ct_ve subcontractor when the subcontract was not subse __ .ntly awarded to such subcontractor, will be limited to the amount (plus applicable overhead and profit markup) by which the actual.subcontract, or actual cost to `..- Contractor if there Was no subcontract, was less than the pros?ective sub- contraCtor cost estivate sub. fitted by the Contractor: Provided, the actu_1 subcontract arise vas not affected by defective cost or rici g data. (NOM': Since the contract is subject to reductio= ander this b -_=son of defective cost or aricing data submitted in connection with certain sub- con:tracts, it is ercected that the Contractor may wish to r-'' a clause in each such subcontract reou_ring the subcon:_actcr to a crocria._iy _....._=nifJ the Contractor. It is also that any subcontractor subject to such indemnification -.i11 generally rec•_re substantially c iiar indemnification for defective cost or pricing data required to be submitted by his loser tier subcontractors-) • L-28 AUDIT Ai:D --ECO_ DS (1-3.814-2) (a) General. The Contracting Officer or his representatives _hall have the and -nd nspe^-' — o h described in the ao_'_c ab1_ _.-.`.arra:bs (b), (c), and (d)below. (b)Examination of costs. If this is a cost -reimbursement tyje, incentive, time and materials, labor -.our, or price predetermined or any combination thereof, the Contractor shall maintain, and ..h_ Contracting Officer or his ^representatives shall have the right to examine hooks, records, documents azd-other evidence and accounting procedures and practices, sufficient to re- flect proms rly 11 di_ __,, and indirect: costs of whatever nature e c' -aimed have been incurred and �anticip_ ed to be incurred tfor the pe - - e of z."is contract. Such examination exa_n_t_on shall include __.. _ion at reasonable times�of the Contractor's plants, or such _ isthereof, as any be engaged in the performance of this contract. (:•) Cost or pricing data. If the Contract_r sue_.__:ed cost or pricing data in connection with the pricing of this contract or any change or modification unless such aricing was based on adequate price competition, establish- ed catalog or market prices of commercial iters sold in substantial quantities to the general public, or Prices set by la.r or regulation, the Contracting Gffic or his representatives who arc employees cf the United States Government shall have the richt to examine all books, records, documents and other data o: the Contractor related to the negotiation, pricin-uor performance of such contract,chance or modification, for the purrosecf evaluating the cecuracy, , completeness, ess, currency of the cast or pricing data submitted. (dditioaaily, in the Case of pricing any change or codification exceeding $100,003 to formally advertised cont=acts, t..e Cam troller Ceneral�o� the United St"._., or his „ .epr,, ent_t_.es who are employees o: united States Government shall. havesuchrights. The rights o: examination shall extend to all dccu.-tents necessary to _t evaluation of the cost or pricing data submitted, ,along with the ca=tutations aad projections used thercin. (d) Availability. The materials described in (b) and (c) above, shallbe .e available at the office of the Contra:nor, at all reasonable times, for inspection, audit or reproduction, _____ tha expiration of 3 years from the date of fiae_I nayment under this contract cr such Jesse. ti=e seecified _n Part 1-20 of the Federal Procurement .'.e— t o -+s (41 CFR ?art 1-20) and for such lone= period, if any,G- is required by applicable statute, or by other clauses of this contract, or by (1) and (2) below: (1) If this contract is completely or parmially t_ -.i.._ ed, records relating to the work shall be made available fora period of 3 years fro= the date of any resulting final settlement. (2) Records which relate to appeals under the "Disputes" clause of this contract, or litigation or the settle.. -..t of claims -rising out of the performance of this contract, shall be __de available until such anneals, litigation, or claims have been dispose; of. (e) The Contractor shall insert a clause containing all the provisions of this clause, including this paragraph (e), is all subcontracts hereunder except altered as necessary for proper idea===ication of the contracting parties a4 ben._ _ in5 officer under the C verament prime contract. 1,29 ST3C07.;T ACTOR COST 0? P?ICING DATA (1-3.8114-3) (a) The Coatractor shall recui-e subcontractors hereunder to sub_it actually or buy s7=, -44c ide_^.ti=icaaaca in ..-_....ng, cos orariciag data under the following _c..=states: (1) Prior to the award of aril subcontract the amount of which is e_rpected to exceed $100,000 ::pea entered into; (2). Prior to the nricingV _ any subcontract modification which involves rg a_regate increases and/ordecreases in costs plus applicable profits ex_ --,-d. to e ---^.q00,000; 'except where the price is based on adequate rice competi- tion, established catalog or market _.aces of commerical items scud in sub- stantial cuantities to the general =ub1ic, or prices set by lav or regulation. 11-15 (b) The Contractor shall require subcon.t::n^`^_s to certify in substantially the __.._ fora an that used in the certificaLc by the Prime Contractor to the Government, that to the best of their _-:owledge and belief, the cost and 'pricinE data submitted under (a) a..ovo is accurate, complete, and c'r resit as of the date of agreement on the negotiated price c: w._ subcontract or sub- contract change or modification. • (c) he Contractor shall __ser` the substance -of this clause including this (c) in_ eeac.. subcontract hereunder which �•exceeds $100,00 :'ries en- tered into ecrept w- ar*ce thereof is based=-.. cdscuat.. competi- tion, _ a^ice co-�et� tion, established catalog or Market prices of commerical items sold in sub- stantiaal quantities to the general public, or prices set by law or regulation. In each such excepted subcontract hereunder in excess of $100,000, the Contract- or shall insert the subsc_.___ of the following clause: subcontractor Cost or Pricing !Data -?rice Adjustment. (a) Par gr__hs (b) and (c) of this Clause shall becc=e operative only hri'th respect to modification made pursuant to one cr more oro;isions of this contract which involves a--_egnte °_:c=eases ane,/or decreases in costs plus applicable 'profits expected to exceed 5100,000. The recuiremen_ts cf this clause shall be liite= to such coat act :odi=icat_ons. (b) The Contractor shall reau__ _ subcontractors ?+e_ to submit actually or by spm , is ident.___atior. i_.�rritin. cost or -- d. r the following c -s s -- data u:.�-- (1) Prior to a,:ard of any subcontract, the a=..t ,_ is ex e_ted to exceed - $100,000 ;:hen entered .__:o• (2) Prior to.the otic -=g of any subcontract modification which ___:elves a,,gregate increases andler decreases in costs plus applicable 'profits expected to exceed 100,000; except where the __e is based on adequate ice competi- tion, established catalog or market prices of commerical items sold in sub- stantial cuantities es to -general public or ices sat by la.. or regulation. _ f - (c) The Cortor shall recui=e subcontractors to certify, in s:fsstamtia,ly the same for= as nh:az usedthe certificate the ?rime t y in by ''.._ Contractor to the Government, that to .he best of their hnol4ledge and '-‘,04-f the cost and pricing data submitted under (b) above is accurate, complete, ant current as of the ... date of agreement or. t__' negotiated price of the sub _.t or subcontract change or modification. (d) The contractor shall insert the substance of this clause.includingthis -s'- -app (d) __ _..,contra_t... he._____ _ch exceeds ''100,000 uhe^ �� ,orv entered into. L-30 I? 1.0"C:1•17.7. Or THE li....J_CA??=D ('phis clause is aoplicable to cont__ct subcontracts for :2503 or :ORE) (a) The Contractor will not discriminate against any employee or applicant for employlment because of physical or mental hanicap i_. re_ard to any position for which the employee Cr applicant for employment is qualified. ied. The contractor a'--eto take - G.... aur -..... �... action to employ, advance i:1 employment and otherwise treat ouai!fied handicapped _ndiv dualsithout .. disc. based upon their physical or =ental handicap in all e'^loy- moat practices such as the following: meun employment, g. -ding, del .__cio. or transfer, recruitment, advertising,_. layoff or termination, rates pay or other forms of compensation, and selection for training, including appre- kneesjlio. (b) The contractor agees to Cor my .'ith the rules, _ egu-a..=ons, and _ _' .J-- _. orders o: t Secretary of Labor issued pursuant to the ..-._Ga._n.Act of 1973, as amended. (c) In the event of the contractor's noncompliance with the _ _reme.^_ts of this clause,' actions for non-compliance may be taken in accordance with t-_ rules, regulations ns and r__e•rant o: the Secretar_, of Labor issued pursuant to the Ac:. (a) The Contractor a ees to post in conspicous :laces, available to employees and apol_ for 'jr pioand^notice a form to be prescribed Director, Office of Federal Contract Compliance ?rodrams, Department of Labor, provided by or ,.-aro:;_= the contracting officer.' Suer notices s --l' state the contractor's cbl_irs.tion under the lama to take affirmative action to employ and advance in employ -_int cualiiied handicapped employees and applicants for employment, and the rights of aoolicants and enoloyees. (e) The contractor will not_`_ each labor Lion or _epresenta-a:•_, - workers .-_ which it has a collective bar om :' _ agreement or other contract _.der- standi=g that the contractor is bound bythe terms of section 503 of the and is committed to take a=fi _ati.e action to employ ad advance 1 ___lcy- tent physically and mentally handicapped individuals. (f) The contractor will include the Provisions of this clause in every suh- contract or _ chase order of $2,500 or more unless exempted by _._es, p. _elatio_s,or orders of the Secretary of Labor issued ]tis:_'_..: to section 503 of the Act,so that such -provisions will be binding ucon each s::bco n.._..�o The vendor. __ contractor will ' ^ such action with^_aspect to any sub- contract. or purchase order as the Director, Office of Federal Contract Cca- pliance Programs, nay direct to enforce such provisions, _.clic-_ ; action for noncompliance. 11-17 L-31 DIS L^ • :._i5 F.TER:5S OF FfiF, hr-^:r_.t ERA ('::___ CLAUSE IS :P?LiCA3L? TO CO:,_=zC S OR PURCHASE ORDER CF $10,GG0 or ,.CRE) (a) The Contractor :7i11 lot discriminate against any employee or applicant :or employment oymen be^_aume he or sale is a d4='"3 -1=d vPte an or veteran of the Vietnam era in regard to any ccs �icn for which employee or applicantr.. for employment is�qualified. The contractor agrees to take affirmative action to employ, advance _-gloy-e_- and °thervise treat acualif_eddisabled veterans of the Vietnam era without discrimination based anon their disability n.., or veterastatus in all_:.ployme_^_t practices such as the following; employ- ment, -pllo;r- y_,- upgrading, demotion or transfer, recruitments, advertising, isi_g, layoff or termination, rates of nay or other for= of compensation, and selection :or training, including ___ e_.,.ices=i,. (b) The contractor agrees that all suitable e^lc_ .rt openings of :_e contractor which exist at the time of the execution of this cont=act and those which occur duri_ng___ __ _-.. e of this, act, including those not generated by this contract and including those occ.iring at an establishment of the contractor other that the one :.herein the contract is being performed but excluding those o_ -independentlyo __�.�e corporate affiliates, shall be listed at an appropriate local office of the Sate employment s__,_ce system._ -:herein the opening occurs. The Contractor further an es to~rcvide such reports to such 1^ office regarding employment __ oyment op _ngs and as =ay be require_. State and Local go.•ers-_out a enc_es holding Federal Contracts o $10,000 o_ more shall also list all t. eir suitable openings with the an7_ ooriv'- office o: the State em_m.loy_ent services, but are not recuired to provide those reports _et forth is paragrascs (d) and (c). (c) Listing d£ employment o_e:jags the employment ser -:.-ice system ones• _^_t to this ^ clause shall „_ made at least concurrently with the use of any other recrui invent?1r sa or effort and shall _n sol'.___ ye nonea11 oblig_tiars attach to the placing of a bona fide Job order,including the acceptance 0= referrals of veterans and Coreterans. The listing o' ezzloy.a.^.t openings tended to relieve _ the contractor from any recuireae_Ls in Executive regulations orders C_ _g"lations regarding __.ndisr_____-_Lion^_ in employment. (d) The reports required by paragraph (b) o_' this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly„nth the tram ii?iron- a --te 1oc=a o' ,. ;ice or, �_...r_ - _ �_ too: has more ...=. z one -- location i__ a State, with the central office o: t State __^lo: 2nt service. Such . -or-sshall for each hiring,, location (1)the number of .-__.._s hired during _ etc- - - -_ iod (2) the number `of r_arcisabled veterans ., _ , Vietnam era hired, (3)the number e of disable_ veterans of the Vietnam era '4total u✓ disabled` s veterans h should 1 ..`1,..:0 and (,) the to,,a_ number of veterans hired. T:,=_ reports s..o � d i. covered veterans hired for cm -the -job ___.__ under 38 U.S.C_ 1767.The contractor shall sue--ta__.._... .:ithi_-30^days 11after the end of each retortinq me_-od whereiner_oruaa e is ode^o n this contract identifying data for each hiring location. anyThe contractor shall maintain at each hiring location --7;=s of the reports submitted until the expiration ofoneyear after final payment under the _.antra_:, during which time these reports and related docunentatio: shall be made a.ailabe, upon - est, for ex=r_nation by any authorized represen- tatives - ese:- tatives of the contracting officer or of the Secretary of Lahr.ucm -t cn would include personnel records _es”- ._ n job openings, recruit_. ,•• and _1_ ----en 11-16 (c) Whenever the contractor becomes contractually bound to the listing provisions of this clauoe, it shall advise the employment cervico systca in each State whore it hn e establishments of the name and location of each hirin4 location in the State. As lofts a5 the contractor in contractually found to these provisions and__ so advised the State system, there is -o need to ad-.ise t;._ -.etc system of subo.cunt contracts. the contractor ...ay advise the State system when it is no longer bc.,nd by this contract clause. (f) This clause does not aoolr to the listing of e-. loymoot openings which occur and arc filled outside the 50 States, the District Of Coi_:bia, .?ierto Rido, Guam, and the Virgin islands. (g) The provisions of maragraphs (b), (c), (d), and (e) of this clause do not apply to openings which the contractor oro:ores to fill is own organisation or to _fill pursuant to a customary and traditional employer - union h',_oarrangement. This e..clusion does not apply .,oapart__'ie ooen_ng once am employer decides to cons____ applicants outside of s C'..^.. organisation or employer -union a rangene nt for the opening. (h) As used la this clause: (1) "All suitable employment openings" includes, but is not lindted to, opening which occur in the following job categories: production and non -production; plan: and office; laborers and mechanics; supervisory and nonsuper•:isory; ohnios? • and e-ccnti-re, administrative, and -Professional ooeni_gs that are compensated on a salary bais o: less than -$25,000 ner year. This tem includes full-time employment, temporary employ- ment oy- _..t o` more than 3 days' duration, and part -tie employment. It does not ioe1u^.e openings which the contractor proposes to fill from within his o:.^.. or=aniz pion or to fill ae_,•suant to a customary and traditional employer - union hiring are nge= amid. nor openings -i-- in aneducat__n institution w.:-_.^ _ ...r.- restricted to students of that institution. Under the most compelling at employment aiming may not be suitable for listing, including such' situations :.here the reeds of the Government cannot reasonably be other- wise s::pnliisd, where listing would be contrary to national security, or .here the requirement of listing would oche :ise rot be for the best interest of the Govern ....__ (2) "Appropriate office of the State employment se_.__e system" ___ns the foo=l office of the :edema /State nati0lal system of -_clic.__ lajmezt offices with assi;n ed restcnsibilit;; for serving the area were the employnsnt opening is to be filled, including the District ofCol'_.bia, Gumm, Puerto Rico, a=d the Virgin _Islands. (3) "Openings which the contractor proposes to ill_' from within his own orga.- __atio,:" means employ_-__ openings ' for which no consid=raz will - to -oerscaiLoutside the contractor's organization (i=cludi=ganyaffiliates, sub-. sie.ia=ies,. and the tarenr cor.pa nies) and includes any o_=.. ngs which the core - tractor protases to fist from regularly established"recall" 'lists. (4) "Openings which the contractor proposes to fill pursuant to a customary and ..rendition^al employer -union hiring rra g _t" neonsmploymentyotooni which the contractor roses to ill _ union halls, hic h is marc o= the cus... _, a__d traditional hiring relationship which exists between the contractor and representatives cf his employees. (i) The contractor agrees to Comply with the rules, regulations, and relevant orders of the Secretary of Lair issued pursuant to the Act. •11 19 („) L- the event of the contractor's noncompliance :xth the .ecuire::_..ts of thjz clause actions for noncompliance may be taken in _ccor.'_ancc with the rules, reL.ulations, and relevant ode=s of the Secretary of Labor issu'e'd pursuant to the Act. (1:) The contractor agees to _post in conspicuous -places available to employees a?:.. ^diemis for employment notices in a fsrn to be prescribed by the Director, Prov deli by or through the contracting Officer. Such n- hall s..c a the contractor's obiiaticn under the law to take affirmative action to e_iploy and advance'__ emplor.. ent cualifiec c=_a_ed veterans and veterans o_` the -Vietnam era foremoloyme nt, and the rig _a of applicants and e-aloyees. • (1) The Contractor will notify each labor Lion or representative of workers to which it has a collective bars='_n= -roe .. or other contract __ - s.tanding that the contractor is toured 'cr terns of^the 'iietn __ era Veteran's Readjustment Assistant_ Act and is co=_itt-- to take affirmative action to employ and advance in employment c.:t'i`ea disabled veterans and veterans of the Viet:bar era. (i) The contractor w112 include the _provisions of this clause in ever: sub- contract cr purchase order of $10;000 or mere unless ted by rules, re;_aia- tioas, or orders of' the Secretary issue_ s::a, t to the Act, so that such provisions trill be binding upon each subcontractor or vendor. The contractor :ill take such action with respect to an, s_:._.,_._rect or cure:=se order as the Director of the Office ceder` Con. Cc,--- 2rogr_-is may direct to enforce such provisions,'including action :crnon-compliance. 11-20 -)e ......:eta.. �:.•.::.rc.. .tL.: ve _�o> ltJ ._._..;UCJ! This contract, to the .._..._..t that it is o: the character to :.rich the Service Contract Act oC 1965, as amended (41 U.S.C. 351) applies, is subject to the folio:ting provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor thereunder. (a) Compensation. Each service _r..ploye_ crolo• ed _ the performance of this cont_- -. by the CJtratts_ or any>su., int_ its..J,l l - > then -_ss t the i.2nLo o monetary .. _.- .ell be furnished f _ „_..ofiis inaccordance withthe and fringebenefits determined `Secretary of Latsr •'lis authorizedrepresent_ t_._ a.. szecified in any attachment to this contract. If aa .. there is such: attachment, any class of service er_•o_oye_z ..h^ _ - not listedher___ but which is to be employed under this contract, shall class- ified by the contractor so as to provide reasonable r__ations ipJ_tween such classifications and triose listed in the attacbo'.; nt and shall be paid sucon -- -tar/ Engel and furnished sura fringe determined benefits as are determined by c -_ eat of the interest Oar ` es, ..ho shall be deemed to b_ the contracting _ enc"j, t.__ contractor, and the e-loy ees who will perform rm on the contract or their represen- tatives. _ esen- tatives.If tie interested{_ties do not agree _ classification or reclass- ification bio is, in fact, con c~able, the contracting officer shall subrAt the question, together with his recommendation, to the 'office of Government Contra_` '::are Standards, ':.-c_ and Ho` Division Employment Standards Admin- istration (=SA), of the - --` .. _oof Labor- final determination. - _tion Failure to pay such employees thecompen£___c^. agreed upon t- the interest parties or finely determined tiy the Administrator or his authorized representative shall be a violation of this contract. No employee engaged i:l s_rferm ng who_.: en this contract shall in any event be "_id less than the minimum wage sp•> uncle'-' section 6(a)(1) of the Fair Labor Standards Act of 193S, as amended. (o) Adjustment. if, as .:utter -shed p'_s ant` sect ion'!.(d) c tha Service Cont__ Act of 1955, as amended, h_ ern"! of..his recta_..ye is than l year, the 11:'.-...._ monetarywages a_-- fringe benefits required to be paid or furnished thereunder tCervice e: oioyees shall subject to adjus tme::t l yea_ ai d no less often than cotes ever_ 2 years, pursuant to :-age determinations to b_ issued bythe Employment Standards Administration of the Z:_p_ac r ent of labor as provided fin's (c) Obligation to fur s1jrig.. e benefits. -e Contractor o: subcontractorr may discharge the obligation to fringe benefits s_cec_:ied in t.._tac^e_nt ordetermined cT_.=o-'=.'ly thereto by _'urnr is_.g _.j ._ant co».]__na._` c s of fringe ben>"i' or by making equivalent cr differential hay.—.eats in cash in accordance with the at_nlicable rules set fort- in 29 CFR Part 4, Subparts B and C, and mot otherwise. (d) Minimum :age. Li the absence of a miaiana wags attachment for this contract, neither _ Contractor nor any subcontractor under this contract -11 pay any san of pieioyees - - --^-. ;: :- - tar d_- the contract (regardless (r g - s cf whether they are service•: _noloes) les than 4rete " rage sneci__ed by section 6(a)(1) of the Fair Labor Standards :act of 193S. Nothing in this provision shell re- lieve the Contractor or any subcontractor of any other obligation under law or contract for the payment of a higher wage is any erpicyee. 11-2i (e) Cbligciicns attributable to pre_ececsor contracts. If'this contract succeeds _ contract, subject to the Service Contract Act of 1955, as amended,under , a_c.. - s__ - Cr= lisped service e.^..plcye=s pa wages s art_ vie_.. ,__� _._ ... to c� 1 ;•r a rsse- 1'r n3c bcne'i_., provided for _.. a _ _-. bargaining then in the absence of a minimum wyge a ta . .nt for this centra_- neither the Contractor nor any subcontractor under this contract shall pay any service employee performing . of the contract. work less than the tra e a_ fringebenefit' provided for in such collective bargaining _,... 7_ _emtints, to which such employee wmould be entitled if-employed once_ the predecessor contract including accruedwages fringe "be -._._..s .. _ _` : prospective _ lwages- and fringe benefits provided Cr_ under such _ teen int. No Contractor or subcontractor under this contract may be relieved of -.._ for -going cbl' - 4o^ unless the Secretary of Labor cr his authorized representative deter - rimes that the collective bargaining agreement a_licabie to service employees a_plcred under the predecessor contract was not entered into as a result of arms-leagth arms-_enegotiations, or finds, after a hearing as provided in Department of Labor _eEulatioh , 29 CFR 4.10, that the wages and fringe benefits provided for in such agreement are substantially at variance c._t.. those ::hiCh^- prevail for services of a character similar in he locality. (f) Notification to e_.lcye_s. The Contractor and any sub- contractor under this contract shall notify C•1c= service employee commencing work on this contract o: the minimum monetary age and an; fringe be _e=its ree• ired to be paid pursuant to this contract, • or shall most a notice of such wages and benefits in a prominent _...i-_-... and accessible place at the worksite, using such Poster as ay be provided by the Department of Labor. • • (g) Safe and sa_^itary working conditions. The Contractor or subcontra_..c- shall nat permit any art of the service called for . by this contract to be performed in bui surroundings Or surrodings cr under working conditions provided by or u=rea the control or suoe_.isicn of the Contr_ctor'er subcontractor which •:n•s=._tart' _.. _ safety of service employees OS hazardous Or dnngerO'v to 0... health Or s2 �- - enoaged to furnish these services, and, _h_ Contractor or subcontractor a? shall comply with the safety and het_standards applied under 29 CFR Part 1925- (h) 1925 -(h) Records. The Contractor and each subcontractor - work subject to he Act shall make and maintain for 3 years from the completion of the _ork ds containingthis the information S:e..___5_ La subparagraphs (1) t '_' .. rough (5) o. ispara,--,r for each employee subject to the Act and shall mare t.._._ available for ::s, -"oto and transcriptionby authorized representatives of the Employment Sta^-d- ards Administration of the U.S. Department o: Labor. (1) His name and address. (2) i i3 work classification-or classifications, rte or rates o; rnn-etary wazes and fringe :._.._fits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly cor.._enza- bicn. (3) His daily and weekly hours so corked. (4) Any deductions, ._.,....es, or ._funds from his total daily or weekly (5) A list of monetary ::ages and fringe benefits :or those clases of service employees not inclu.__ in the minim= ..a;3 attachment to this contracts, but for .•:c: such wage rates or fringe benefits have been determined b,: `..e interested parties—or cv 'ode c'_' strater or his author a.' ass _.._. _r haat to the tabor Standards clause in .- av_ac (a) of this clause. A copy of to retort required iu -rag=a= (_)(1) of this clause _.._-- be de_ped to be such a list. (i) i3it .^.old_.:c of payment and termination of contract. The Contracting Officer shall withhold or ca se to be withheld from the Government ?rime Cort_ __tor under this or any m.her Gower ce .t cont.___.. '.-it .. the Prime Coc- tractor such sus as he, or :. appropriate officer of theDepartment of Labor, .. decides ___ be __essa=y; to pay underpaid employees. Additionally, anyfailure to comply Fithrequirements this clause relating to the. Service Contract Act of 1965 may grounds for ter--.ration of t:^.e?right to proceed with the contract work. In such event, .. Government ay enter Tato other contracts o^arra-regents for completin of the -..,rh, c'_-:araina the Contractor in default with any additional cost. (j) Subcontractors. ..... Contractor agrees to insert this clause relating to the Service ^Contract _f» 1965 in asubcontracts. tem"Contractor" as used in this clause' any subC ntract shall be deemed to e___ to the t suucon ractor e�_ce in the tee.. Government ?__-_ Contractor". (k) Ser:-ice e±_='-•eye_. As used in this clause relating to the Sere:__ Contract _n �a e Act of 1965, as amended, the term employee means any person e ga _- in the rformance of a contract entered into b the United States and not exemotedu..der section. 7, --_t.._r negotiated or advertised -r _ pur- pose of which is to ' _. -i _United_es it the United States (other .y per- son employed in a bonafide executive, administrative, or professiorai capac- ity, as those terms are defi.ei in?art 5;•1 of Title 29, Code of Federal Eeoula- tions, as of July 30, 1976, ani any subsequent revision of those regulations); and shall inclu-_.all such regardless of any contractual relationship that be alleged to exist bet_een.`a contractor cr subcontractor and such persons:,. (1) Comparable rates. The following classes of s_rv=ce ecticyees expected to be e_tloyed urs_r the contract with C-vernment would be subject, if employed by the contracting agency, to the provisions of 5 U.S.C. 5341 or 5332 and would, if so employed, be maid .not less than the 11 covin g r_tcs of waves and fringe benefits: F=plcyee cl,ss Clerical Monetary Wage - Pringe Benefits. 11-23 L (;) Contractor's report. (1) If there is a vacdctermiaat!o1 t achm... ,.his contract and one or more classes of service employees which are .not lis___ thereon are to be employed under the contract, the Contractor shall mer r. to the Contracting Officer the monetary to be paid and:t4e frit benefits to be provided each such class of service employee. Such shall be arra__ V_ cmptl_y as scop as such compensation has been doter - :LII=_, as provided inparagraph (a) of this clause. (2) If '-es to be naid or fringe benefits to he furnished any ser.ice employees employed b; the Government ?rime Contractor cr any _ for ander the contract are provided for in a collective bargaining agreement which is or will be effective during any period in :..rich the contract is being performed, Government ?rife Contractor shall reportsuch, _a to the Contracting together with full in:o— ation as to the application and __cruel o: sun: wages and fringe benefits __cludint any -res, •:o increases, to service eE_loyee engaged is mor: en the contract, and _ copy of t.._ collective bargaining agreement. Such report shall be made upon coercing performsmce of the contract, in the case o' collective bargaining e_ ectie :e at such t_=_, and in the case of such agreements : nrC'_cions or amendments thereof effecti•: e at a later time during .._ period of ca -tract performance, suchagreements. shall be re_orte;l ner-t__tion thereof. (n) Regulations incorporated by reference. All _atsrcr_'tatio^s of the . Service Contra_. of 1955 ..essed 29 CF? Part 4,S: r _ v C, are 'hereby incornorat_ ,by reference in this contract. (o) Exemptions. This clause relating to the Service Contract Act of 1955 shall not auply to the following: (1). Any contract of the United States or District of Columbia for construction, alteration, z-ia,'or repair, including pointing and decorating of public bu!lding cr v:b1ic :forks. (2) Any worked required to be don_ __' accordance ._ ._tthe=visions o` the WelshHe_ey Public ContractsAct (4:9 Stat. 2036); • (3) Any contract for the carriage of freight or erscn-el ,._ vessel,' air- plane bus, truck, express, railway lire or oil or gas pipeline •w are_ _ published tariff rates are in effect, or where such carriaze is su „ect to rates covered by section_ 22 of the Innte.-state Commerce Act; Any contract for the fur,ishing of Service b; radio,:__ telegraph, or cable corcaaies, subject to the Co==aaications ?.ctlof'1934; (5) Any contract for public utility services, _lcluain_g electric light and p&er, water, stream, and gas; (6) :any e=ployr..eat contract providing for direct services to a Federal agency • by as _nd.:dua? or _rdiv-iduai s ; (4) (7) a_ y contract with the Post Office De __ (U.S. Postage Service) the principal purpose o: which is the operation of :osta? concract stations; 71_24 (8) ftny services to be furnished outside the United Stat es.geoer is purpo nes, - "United atmcti For of tile Service Contract :lite c' is defined °h Section o(d) . ,- •' Ant to include any state o,-' the United States, District of Colurbia, Puerto Rico, the :'iJin standContinentalOuter Continental ane__ Lands, as defined_in the Out__ -' i Cont nent Shelf Lnrdc Act, Ancrican Sa moa, Gua,,Fra::•: island, EniwetokKwajalein __-.. .012, and Johnston Island. It does :.0t include anyother territory d>_ the jurisdiction of h_ United States or any States base or ossessich within a foreoin country; (9) Any of the following contracts e::em tet from all provisions of the Service ContractAct of 1965, Pursuant to section 4(b) of -z the Act,which exemptions the Secretary of Labor, prior to amend- ment of such section by Public Lav 92-1:73, foumd�to _-' necessary and protan• in the tib -_c interest or to avoid serious --= - of the conduct of Government business. (1) Contracts entered into by the United States hath con on carriers for the carriage of nail by rail, air (except air star routes), bus, and ocean vessel, where such carnage is performed runson regularly scheduled runs of the trains, airplanes, buses, and vessels over regularly e.,;, -blasted. routes and accounts fora a • insubstantial portio _ o_`'the revenue therefrom; . (ii) Any contract entered __.^ :o by the U.S. Postal Service vita ca individual owner -operator for_il service where it is not contenr_at_d at the t__ the contract is ma-_ that such owner - operator will hire any service " ,._ ., - '1°ye'=y to errs ± the servicesunder he contract t-,`. except for short periods of vacation time or for unexpected contingencies or emergency situations such as illness or accident. (a) Special employees. 'rot'Wit`-sta_ding any of the provisions in pexagrachs (b) through (1) of this clause, relating to the Service • ."_ CJotrhet-Act of 1965, _ following y'.. employees m y•be employed f_n accordance ith the following variations tolerances^ - v 'which the Secretary of Labor, pursu_.t to e__ b• o ftn e Act prior to its ate nde tentPtfiic Laos b- s by 4Z-,23, found to';.- ___pessary and proper in the public interest or to avoid serious inpairment of the conduct of C- verame .t business: (1) (i) Apprentices, student -learners, and worker chose earning capacity is haired by age, physic`, or mental deficiency or injury may be e=ployed a _ages lower than the minium wages of ,er- • rise rec::_red by sectio- 2(a)(1)r v , _ O_ ..(�i7/(-I Of r.._ Service Contract Act of 19.65 , rigout d== i nishi 1g any __ benefits Cr T cash =eats in .r section f __ _ lieu t::e_..a. .eC�;'__e._ under a.._ 20:2 Z(a)(2) .._ that Act i accordance with T s rccedu_ es prescribed for the _ r.ploy-:a-t of aapreatices, student -learners, handipersons, persons, and handicapped clients o: sheltered workssection u --e_ L _air Labor _ Standards Act of 193^, is the reg__:jonsissued by the Ad.zinistrator. 11-25 (ii)};.c.-.inistr:tor vial _clue certificates uadcr ^8er•:ice Contract Act o: 1965 for the employment'. c.?a:•en`:^^^st::dent- learners, handicappedpersons, r, or_ho•7t- ed clients of sheltered workshops not subject to theFair Labor 31.�.. .._rds Act of 1933, cr subject to different m_ni...um i_tGe- of 1y: und- the t o ac ,hor___ ronryate rates or., _. t_'s wages (Cat withous chnrag- ing requirements co.^.c__ fringe _ b_..___ts or supplementary cash payments _n lieu thereof),pplyi ; _oc_...,res pr;._c__oed - the applicable regulations issued' under the Fair Labor Standaris Act of 1933 (29 Can ?arts 520, 521, 524, and 525); (iii) The - _ will also witdraw, annual, cr canoe/ such certificates in accordance with the regulations, in ?art 525 and 528 of Title 29 of tate Code of Federal Regulations. (2) A employe_ engased in an c_c__ation in which he customarily and regularly receives more ,,.._n $20 a month in _ may _ . _ the amountJcf ..is tios credited by his employer against t.__ _ " is =�_ a�a_n•._� age rcau<___.. - section 2(a)(1) or _ec:_o•n 2(b)(1) oft___ the in accord- ance with the regulations in 29cCF Part 531: Provided, .._"ere That r, the amount of such credit may not exceed 60 cents per he;`. L-33 P3SPC::S_!IL_._ OF Ca::a3-.Ci03 ( 1-10.303) (a) Pespc s :i1. y for Government propersy. The contractor ass•::e_s full responsibility for and shall inde=nify the Government for any an_ ell loss of or damage of whatsoever kind and nature to any and all Government prop .- , including any eco?- ent, supplies, accessories, or parts furnished, __ while _s c_s=ody and care :or _ec^ rc,cr service. so be per- formed under terms of this contract, resulting in "hole or in part from the negligent acts cr omissions of contractor, and subcontractor, or any employee, agent or representative of contractor or subco t:aetcr. (o) Hold•_•_= -_mss and indemnification ag<Oe co_ _`_-r shall save and hold harnless and indemnify the Governrent against= and all liability claims and costs of whatsoever Lind and a_tr _ for injury to or death of any person or __-sons and for loss and damage to any property occurring in connection or _.. any "ay incident to or ar:s* _ cut of t..- occupancy, use, service, operations, or _ _=or -ice o: "oil under the terms of this contract, resulting in whole or in ea_ -t from the negligent acts or cam.=ssioras of contractor, and subcontractor, or any e=uloJee, agent orre_reseotat'_ve of contractor or subcontractor. (G) Dmmage to Government property from causes other than. Contractor's _erg igence. Nothing 1_ the above paragraph shall be considered to pre- clude the Cove—sent from receiving the benefits of any __surae__ the contractor =ay carr-,; which provides for indemnification for any loss cr destructio=o:,or damage to property thecustodyandcare of the con,- tractorhrr..su_h loss, destruction or _a__ _ in to Government property. Tree contactor- shmll do noting to prejudice the Cc.o_ _-:_.Ft's right to recover against third car _es for any loss, destruction o^ cr to ._ Gove Fent-preoe_ , andupon the reoueet of ..he-contractingofficer,shall, at the Government's expense, furnish to the Government all reasonable assistance a .d cooperation ( nc1 •" n- ,.....-..�_.,.y a..i5ista::Ce i. the prosecution of suit and the execution of instruments cf assigncer. in favor of the Government) in obtaining recovery. 11-26 1;-34 U'iI:I. (..I0U OF L ,.. J., SG%. _Z: Coc= .::5 (1-1.30513x) (The -ollowinr clause is .--.:b1e if this co..- ^^` exceeds J10,000. ) (a) It is t•:- roll - or^ .. Govern -_n_ :o award contract:: __r-_» to labor surplus ' _.y arca concern.: : a; __ co --f _--_..,- sur_ areas, he.c this_. c.` bodone co7ci:tent withefficient of tKe contract and at price. no higher tiff'.. are obtainable .._s_...._. _. The Co•. - ractor agrees to use his bolt efforts to . —.:,contracts in accord- ance with this _o1=_J (b) In coipi-�h p __ i aC (a) of this clause and 1:dth. 7aragraph (b) of the cjsuss of this contract entitled "Utilization ofS:^'1 Business Concern s," the Co; tractor in placing his suhcont._:ts shall observe the following order of prefe_cnce: (1) . .. 11 usin_ns concerns that c are lac... surplus area concerns, (2) other' small osiness concerns, (3)other labor sl:.rolus area concerns - (c) (1) oncerns(C)(1) The .term "labor scrllus a arGe'• reans age• :a hical area idea -4 -ed by o: c_ne.ntr ung p1 o'�.e.::cu:•..^_ero p' =, - the!:CCC=:...�..� Of _°-b,^^. as an area _..._ "- -- s..eat or an arca of labor surplus. • ;2) The ter= "labor surplus area cancer reans a coacar-:that together with its firs- tiersubcontraotors ._11 labor surplus areas. (3) The ter... "periorm subs an- '1'y - labor su :flus area" r.e_ns that t.._ cost incurred on account o'- ranufac;.-_ -production, cr apor services labor aborsurpl us -_ .. ____- 50 percent of the contract Price. L-35 CL%.'•.:i AIR .SAB :Alar (1-_2302-2) (Agglicable only if the contract $1.10,::00 or the contracting officer has de _._toed that crc..rs L.:___ a..indefinite cuantity contract in any one year .i'?csed. .r.100,CC0, or s. faciii:y .. nub �o be used been the subject of a conviction the Clean. Air Act (' u.S.C. 195;c -3(c)(1)) ort.__ Federal Water Pollution Control Act (33 U.S.C. 1319(c) a..d is listedsJ Y', or the contract is riot otherwise w_se exert. ) (a) The C ---_--tor agrees as follows: (1) To ca_ply with all the reo_u_re=eats of sect`_o:i'?L of the Clean Air Act, as =ended (42 U.S.C: 1057, et sec., as a=ee.ed by. ?ub. L. 91-6C4) and section 303 o' the Federal '!a sr ?r1lc:io- Control Act ••(33 U.S.C. 1251 et seq., asr._ __a by rue. 92-5C0), -_'_-o.i-re-_ , relating to inspection, =onitoring, entry,retorts,and information, as well as othe=c:Lrecestsscec ied in sect' -on 114 and section 308 of the Air Act; ad the Water Act, res7.ective7y, and all regulations and gu'''n i•.les issued. thereund^_. __-ore the award of this cc..t_acz. (2) That no portion of the worh reo:oired by this .•• r__ co .. will he ^for=e^_' in a facility listed on :he .— _r...= _ .' 2rotect`-on Agency List of Violating Facilities on th., arc_^...is cc^tra_: .as unless_.:andel? and until the A eli _in a;es the acne of such facility or facili- ties from s::_.. ? . 11-2•, (3) To use his best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being perforr.ed. (4) To insert the substance of the provisions o. this clayoe to any non- exec_n subcontract, ng this paragraph (a)(1:). (o) The terms used in this clause have the following meanings: (1) The tern "Air Act" .. -ns t- Clean A__ Act, as (42 U.S.C. 1357 et sec., as amended by Pub. L. 91_604). (2) The term "Watr Act" means Federal Water Poliution Control Act, as amended (33 U.S.C. 1251 et se_., as amended by Pub. L. 92-500). (3) .The tern "clean air standards" cleans any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other ,requirements which are contained in, issued under, or otherwise adoptei pur- suant to the Air Act or Executive Order 11738, and noon na^ ,-nlenetation plan as described in section 110(d) of the Clean Air Act (42 U.S.C. 1857c -5(d)), an approved imolemeatation procedure or plan under section 111(c) or section_ 111(d), respectively, of the Air Act (42 U.S.C. 1857c -6(c) or (d)), or an approved implementation procedure under section 112(d) o_ the Air Act (1,2 U.S.C.. 1857c -7(d)). (4) The team "clean :nater'standards" weans any enforceable limitation, control, condition, prohibition, standard, or other requirement s,hic= is prcmul6et_'d pursuant to the dater Act Or contained in a reit issued to a discharger _ the Environ ental Protection Agency or by a State under an approved vro;ran, as authorized by section 1,02 o' the Water Act (33 U.S.C. 131142), or by local government to ensu=e ce_nliance with Pretreatment _ egniations as required - section 307 o: .tate_ Act (33 U.S.C.1317) (5) The tern "compliance" means compliance with clean air or water stn:.__ Compliance shall also mean compliance with a schedule or plan ordered cr approved by a court of competent jurisdiction the Environmental Protection Agency or an air or water ollution control agency in accordance with tate require- ments of the Air Act or Water Act and regulations issued pursuant thereto. (6) The der:"facility" means 2nl building, J_":, installation, structure, mine, vessel or other floating craft, location, or site of operations, owned, leased, or supervised by a contractor or subcontractor, to be utilized in the Performance of a contract or subcontract. Where a location or site o operations contains or includes more than one building, plant ' _nst_'_lation, or structure, the entire location or site shall be deemed to bea' facility except where the Director,' Office of Federal Activities, Environment Protec- tion Agency, cet_r_nes that independent facilities are collocated in one geograehica_l area. _ . .. _ 11-28 APPROPRIATION DATA SHEET Contract Number: 0/5010/0012 Contractor's. Name:Corpus Christi Human Relations Accounting and Appropriation Data Request for. payments other than as. scheduled will be considered .and allowed where warrante, by progress made or necessitated by FEP Agenc; 11 • budgetary „concerns and approval by the EEOC District Director. Standard Form 1034 must be filed .to obtain each payment. Appropriation Data: 11500100 Accounting Data: 0/5010/4101 Payment Schedule October 15, 1979 January 15, 1980 April 15, 1980, July. 15, 1980 TOTAL Amount $4,562.50 . -- $4, 562.50 $4, 562.50 $4, 562.50 $18,250.00 STS FORM 26, JULY 1966 PA; C IVICES ADMINISTRATION FE, REG. 16ICFRI 1-16.101 :_ AWARD/CONTRACT 1. CCNRRALT (Pro.. Fort. (deur ) NO. 0/5010/0050 2. EFFECTIVE DATE 13 0EOUISIIION/FVRC',A5e REQUEST/PROIECr No. 4. CERTIFIED FOR NATIONAL OFFENSE UNu:r EDS* REG. 2 AND/OR DMS REG, I. ATINGI 5 ISSUED SY CODE ( 6. ADMINISTERED 3Y CODE 1 7. DELIVERY N ilpti Tb OTHER (See 0 &Mu) Equal Employment Opportumty Commission. Contracts & Procurement Division 2401 "E" Street, N.W. Room 3200 Washington, D.C. 20506 ' ��6ustiodc—�liss'ict office❑ Federal Building, _boom 1101 2320 La 2ranch_ Houston Texas 77004 3 CONTRACTOR CODE l 1 FAC(1.(7Y CODE! 9 DISCOUNT fOR PROMPT PAr0EN1 NAME ANDADDRESS - Corpus Christi Human Relations Commission (s,r r,. eh,, P.O. Box 9277 d,(r te.7 cgicoup", a State. Corpus Christi, Texas 8408 10 SU3MIT INVOICES (4 (opirt on(", ',Aeroise terrfed., TO ADDRESS SHOWN IN STOCK SEE SECTION J-11 1I. SHIP TO/MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODEI EEOC - Finance Branch 21401 "E" Street, N.W., Room 3228 Washington, D.C. 20506 ❑ 10 1.1.5.0. 2304 (all ) 12. THIS PROCUREMENT WAS ❑ ADVER115ED, NEGOTIATED, PURSUANT TO © 41 U 5.C. 252 (zj].0 Ia. ACCOUNTING AND APPROPRIATION DATA APPROPRIATION DATA: 4500100 ACC000TING DATA ' . 0/5010/4102 INCR ASE $ 21,500.00 13. ITEM NO 16. SUPPLIES/SERVICES 17. QUANTITY 18. UNIT 19. UNIT PRICE 20. AMOLNT 1. 2. Processing of New Charges Resorts This Award is contingent upon enactment by Congress of the Appropriation Bill for E.E.O.C. for Fiscal. Year 1980. FIRM FI'XED PRICE CONTRACT 70 EAaA350.0024,5C0.00 • 21. TOTAL AMOUNT OF CONTRACT 5 2!..5.-.0.. C0 CONTRACTING OFFICER I3101. COMPLETE BLOCK 2_ Olt ?..2S .IPPL!C ABLE 22. CONTRACTOR'S NEGOTIATED AGREEMENT (CantnAtar is required to ".co ,4 n document and I rum, 2 c,piu ,o , Ing offer.) Can ogre-, 26. l] AWARD FCo.err.,rror is not rrgn,red to sego this da,Anrr'e) Your one. n 5ob4todon Number 79-11 inch/din, a-- to furnish and dtben o11 dem: or perforn ,1I Iht' intuit. +N forth or.n a dBerem .denefed abo+ and a ony continual.. 'heels fa the consoderol.an staIen The rlghls and o6l.gabans of the potties to this confront ,hull be subject to and got. n.d by the Tenoning documents (ol thn nand/c9 r t, (IA the a ,, a , of end Irl • h pea....anf, repo n/1,0Hon•, c .I.Rar eoe.a.0 rind • c,Rcatons, a e-nched or ,',corpo.veed by reference here.: (rl rt.r•br.nnt, .ere lined herb, ) oddihons or change. mode 6/ you ..h.ch additions or changes ere ter roan Io 1.1 abort, es hereby acceped os to the items hsl.d above and on any conl.nua'wn s+ wheel, co of the following decu�ents (ol Thisord co es the concocti . . 'heGa. solidt9nd your o4er, and (b) rhes o. ofd/noro0n Iartr her eonoc.aal documentt is neeepry 23 NAME OF CONTRACTOR BY 27 UNITED STATES OF AntERI06 SY (Sgnature of person ooNo.,zed to soon) ISegnotnte of Can' ocnng 0709 24. NAME AND TITLE OF SIGNER (75pe err pool) R. Marvin Townsend City Manager 25 DATE SIGNED 23. NAME OF CONTRACTING OFFICER (7)pe or ? rat) 29 DALE SIGNED I 25-105 Tl! E Tr . PSSiT,R*:CES The Contractor assures arc ce_t-_ies with respect to the federal funds received uri.e_ this contract that: _ 1_ It will cc,. -ply with Title v of theC_•,� i Rights Act of ' 954 (P.1 83-352) and in accordance with TITLEVI of the Act, no person ^_ United St tes shall, on the ground of race, color, or national orign beexcluded from participation in, be denied the benefits of, or be otherwise subjected ected to d; scr ii finaa ti on .under an.; prov•, a'n or activity for which the applicant receives Federal' Financial assistance and cn_11 irredfately take any reas.;res necessary to effectuate this agreement. • 2_ It will comply with TI:L:, Vi or the Civil rights Act of 1964 (42 U.S.C. 2000d) prohibiting t,yloyment discrimination where (1) the pri.:ary purpose of the contract is to provide ec 1oy ent or (2) e.rloy tent •oracticess:v'l1 cause discrimination on the basis of race, color or national origin with resp=ect to beneficiaries or potential beneficiaries of the contract activity_ 3. ctiv ,ty- 3. It Will require similar assurances from all subcontractors at any tier. Pl'1LI Vel CO'dF2?`7.7Ni_IPLI T PROVISIONS The Contractor agrees to abide by the confidenciality provisions of _IT_:. VII as those provisions are interpreted by the EECC. _he Contractor shall not make public in any manner whatever the following inforation if said information is furnished by EE0C_ 1. The existence of a Title VII charge filed by a particular charring party against a particular respondent, unless a Title VII lawsuit involving that information has been instituted. 2. Info :.ration obtained by the EECC pursuant to is investigating authority (709(a), unless �aTIITL E VII lawsuit involing that info:ration has been instituted and; ::lines said or done by the parties (i.e. T7TLE Vint char�in paries and respondents: -o and the may) during efforts at conciliating a TITLE VII charge, unless the paries give their consent in writing to such disclosure_ E C - Furnished EEO Repo_ is may be rade public by the contractor at or after a 706 hearing involving suchinformation. _Agency SECTIO?: lettering and pagination. are for the Purpose of uniformity. ??T r - The Schedule SCHEDULE INDEX OF SCHEDULE SECTION -_'_LE c..o H:40"l LTi Services 4-2 Description or Specifications 5-1 thru 5-i ?reservation, Packagit and Packing 6-1 Deliveries or Performance 7-1 Inspection and Acceptance 8-1 Special Provisions 9-1 thr.. 9-9 J-1ai ntena_.nce of Effort 9-1 J-2 Contract MonitorRepresentative (Headcuarte_•s) 9-1 J-3 ccntract Administering Of'. --L J -k District,Office Deferral Coordinator 9-1 J-5 Transfer of Title 9-2 J-6 Rizhts in J-_,. .- 9-2 J-7 Idemnification 9-2 J -c Acknor:lednenent or Sponsorship 9-2 J-9 Supervision and Liaison 9-2 J-10 Direct and =ndire.t Cost 0-2 J-11 Pa instructions 9-3 thru .-1, 5-12 Notice of Cort Action 9-1' J-13 Progress _ tints - 9-9 Government Contract Contracts 10-1 General Provisions 1 thru 28 SECTION E - Services ITEM NUMBER Contract Number:0/501 DESCRIPTION AMOUNT Processing of 70 New Charges at the price of $ 150 n0 per charge by the FEP Agency, during the period November 1, 1979 through October 31, 1980. TOTAL PRICE 4-2 $ 24,500.00 $24,500.00 SECTION F: SPECIFICATIONS 1. Development and Maintenance of Effort Whereas, there is an acknowledged need to insure the employment rights of individuals granted by Federal; State and Local anti- discrimination laws, and, Whereas, the Equal Employment Opportunity Commission is au- thorized by statute to utilize the services of State and local FEP Agencies to assist it in meeting its statutory mandate to enforce Title VII of the Civil Rights Act of 1964, as amended, and, Whereas, the Equal Employment Opportunity Commission pursuant to Congressional mandate to establish and integrated system for more expeditious processing of employment discrimination charges has committed itself to developing such a system in partnership with Fair Employment Practice Agencies, Now, Therefore, .the FEP agency hereby agrees to cooperate with the Equal Employment Opportunity Comm_inission in the development of a national, inte- grated employment discrimination charge processing system by pursuing various objectives which include, but are not limited to, the following: (a) The development by the FEP Agency of Expedited procedures which provide for professionalized intake, resolution of new charges on a current basis, significant emphasis upon voluntary settlements prior to determination, and for the accelerated reduction of the FEP agency's existing inventory of charges; (b) The training of FEP agency personnel in rapid charge processing and inventory reduction pro- cedures compatible with those of the EEOC; (c) Utilization by the FEP agency of an employment discrimination charge form which, is acceptable to the EEOC and the FEP agency; (d) Development and utilization by the FEP agency of processing terminology (such as common language pertaining to types of closures) that is the same as or compatible with that utilized by the Commission; (e) Development and utilization of an internal manage- ment system by the FEP agency which governs its early charge resolution and inventory reduction systems by establishing annual charge resolution objectives, quantitative and qualitative goals, and timeframes for charge processing; and es- tablishment of monitor_ying mechanism(s) which fix accountability and track the FEP agency's progress in meeting its objectives during the course of the contract year. (f) the development of a national record keeping system by the Commission and the FEP Agency which records all actions on charges filed with the Commission and the FEP Agency; (g) the development of a system to insure that the Commission and the FEP Agency maintain compatible procedural and substantive standards; and (h) the identification by the FEP Agency and the Commission of legislative changes that may be appropriate for the establishment of integrated and efficient charge processing systems. The FEP Agency further agrees that when agreement on implementa- tion on any of the above mentioned items is reached, such agree- ment shall be incorporated in a memorandum of understanding and/ or worksharing agreements providing for implementation at the earliest possible date. It is further understood and expressly agreed to by both parties to this contract that, as a condition to the maintenance of this contract, the FEP Agency shall: (a) implement in cooperation with the Commission, a system which permits each party to perform various functions on behalf of the other, inter alia, accepting charges for each other, within such statutory may exist; and (b) commit itself to maintenance of effort. It is the intention of the EEOC to purchase services from the FEP agency. Therefore, should the FEP Agency or the covernmental body which provides its funds reduce the FEP Agency's resources in anticipation of or as a result of EEOC contract funds, it is expressly agreed and fully under- stood that the EEOC shall consider such reduction in FEP Agency resources to be a material breach of this contract which may require the-FEP agency to return all or a portion of the funds provided by the EEOC under this contract. It is understood and expressly agreed to by both parties to this contract that, as a condition to the maintenance of this contract, there be a Worksharing Agreement in effect between the FEP Agency and the EEOC. It is understood and agreed to that, at a minimum the Worksharing Agreement contain a provision effecting a waiver of exclusive jurisdiction/in- itial processing by the FEP Agency over a certain percentage of charges so as to permit and effect a rational distribution of workload between the FEP Agency and the EEOC. The per- centage of charges to be so waived shall be determined by voluntary negotiation between the FEP Agency and, the appro- priate EEOC District Office. 5-2 n 2. Processing of Charges (a) The SEP Agency as the Contractor, covenants and agrees for adecuate consideration, as stated in Section E, during the term of this contract to process individual charges of employment dis- crimination which have been dual -filed and/or deferred to the Agency by the Commission. The District Director shall be responsible for trans- mitting charges to the Agency. The Agency further covenants and agrees that acceptable resolutions shall include no cause findings, successful settlements, successful conciliations, adminis- trative closures, and final orders issued following and pursuant to administrative hearings. IQo contract credit will be awarded by EEOC for closures by the FEP Agency based on no jurisdic- tion (except in cases where an investigation is actually required to determine jurisdiction) and closure based on the charging party's failure to establish a bona fide charge. (b) A11 charges processed under this Contract by the FEP Agency shall be processed as follows: (1) All charges will be evaluated and determination made in accordance with the theories of non-discrimi- nation in employment as developed Act of 1964, as amended. - (2) Investigation and Resolution of in- dividual charges pursuant to this agreement shall be conducted in a manner designed to effectuate relief - of the charging party and shall be carried out as expeditiously as possible. (3) Charges processed pursuant to this agreement will be designated to a montly status report from the Agency to the Commission's District Office. (4) All charges will be processed by the Agency in accordance to, and consistent with the applicable State and Local Law of the Agency. (c) Charges processed under this contract shall be new charges, i.e., charges of employment dis- crimination filed between October 1, 1979. and 5-3 September 30, 1980. Charges processed under this contract shall be in addition to any charge pro- cessing resulting from any Agency Improvement Contract (s) and from ar.y Contract Cs)_ for the Re- solution of Backlog Charges that may be in effect between the _E? Agency and the EEOC during the term of this contract. 5-4 SEC G- -_ .5=_. :__C:i. P C::AC_:G. ,D 2'.C7ING ____ _ * 1 - Charge/case file =aterials __d reports to be f. trish, _ _ to the 7s___ccOffice shall be adecuacely packaged to assume sale delivery at the deli_tared• od=ice. ITEM 2 _2? ,.zer,cy shall ?-ese-ve all ..ash e_lc..m-` .until_o all „_.__ _s or ac:s until :a1 c_spos=._ o or suchchanes e= attic= by t_ -e^C_= and the Co^_.7.ss_ol c__ other =eceral courts. ,_7 _isoe_.._C_ __.. Acceota.Ce shell be 7.___ c... L-2_; .z•—==57.___ r. or h's/her designee on behalf of ;he Df.rector, Cffice of Fie:d S cc:Z^_c_ V -o _=c_�� set _`c-.. in _ZOC's 8-1 SSC__CN G- -°C:?G__. AND PACKING ITEM 1 - C aree/case __le c-'--a1s and reports to 7e =__..-_.. to, the Dis:_;c_ (.__ice shall be adecla_e_y packaged co assure safe _el= -%e:? at the designated office. _T=! 2 - '-3 Agency shall ?reserve all case file e=..records relevantto , all charges or accios until final cispcscion of such c charges c_action by the -r Agency and the Ca =issic, sem_ other federal i__.o:-=-" co ;:s. 6-1 H: EE12VE?ZES -o_._ .,..-ce..,gerforned ---'-"•.--' 'hall h_ comp -2.__ by n,_._._ 31, 3. ,-. _E? cv shall s:._.. `_t for e month moduring n=_io^.. of performance a Monthly Report to the `sem.__' Office Pertain- ing _ __.- _ZC to charges resolved and subs _-_-3 t� the ' for substantia_ weight review. This Monthly Report shall consist of 1) EEGC Fora! 322 -co- _- according o the instructions set - •- in April 13, 1979 ..._-.c=anc_m o: c.._ Director of the Office of Field Services (entitled Revised `o to_:ng -=7 ?-7e^cvprogress Towards Contract Performance = is") _-'.d 2) o_, ` he back_ "detail"sheet e 4 _!• =y said 'c:^..orandt"!. _..c Monthly , Report .._2. be si. '_t -e_ ce with the -opt' of Novem- ber 1979, CLc on Dec2. ber 9, 1979. The Monthly Report must be submitted . cand e , received ;v Contract Administering in Office .. (The Ccrmissic's Districtoffice) not la-e-Gthe-_ Sth Cala_ da_ C cf each,st_s- .- _t ....,__t.. (Sae Section .) Separate_;;, _.-_ _E? Agency shall to the -0"i-=, of Field Ser7ices, State and 'Local Division, a_ -JJ.C. reports as may be _ _ess1y -=d by thatu-. 7 -zspectECn and ..cce ance shell be the b7the contract .__.____ste___5 0r., a -=s/..__ ..esac e c= ,. r of the 7==e `o. Office o_Field Ser ices, e. _ _..Olz?cr...__' CGS �ssio . __spect_on anti Acce3tance shall he mace :s4_..: to standaras set .or n in FEOC's Coz__.c_.c_ _. c__ in —'AC'S " rei<_.t Review ___... pet SECTION 3 - S?ECL:L PROVISIONS The Special Provisions of this contract are as fo11o_s: 3-1 MAINTENANCE OF EFFORT It is the intention of the EEOC to provide funds to the FE? Agency in order to supplement it's current level of funding_ Therefore, should the FE? Agency or the governmental body which provides. its fund reduce the FEP Agency's resources in anticipation of or as a result of EEOC contract funds, the EEOC m y consider such reduction in FE? Agency resources to be a material breach of this contract which requires the PEP all _ q - Agency to return or a portion of the funds provided by the EEOC under this contract. 3 2 CONTRACT MONITOR REPRESENTATIVE (:ice QUA?._ERS) Tice Director of the dffice of'Field Services is designated the overall - Government's Contract Monitor Representative_ In this capacity, the overall . Contract i_onitor will provide guidance and direction to the Contract Administering Officer. J-3 CONTPACT ADi•OLNISTEaING O=FICER The Contract Administering Officer is the District Director designated in Block 5 of the SF -26, who shall perform necessary liaison with the CuutraCivt. The Contract Administering Officer shall monitor t^2•contract for the Director, Office of Field Services and provide the Contractor with technical guidance_. Technical guidance shall mean filling-in details or other•.:ise ezp1aining the scope of work and the requirements set forth in the contract_ �t is intended that the details or suggestions furnished shall be within the general scope of work as set forth in the contract and shall not constitute any changes in ter -:s and conditions of erle contract_ The Contract Administering - Officer has the responsibility for monitoring and evaluating all phases of the Contractor's performance in order to determine compliance with the technical requirements of the contract_ J-4 DESTRICT OFFICE DEFZ2??T, C00RDm 10? The District Office Deferral Coordinator is the designee of the Contract _4dainistering Officer in connection with the performance of this contract. -Tae Deferral Coordinator shall monitor the cont=act for the Contract t:dministeritg Officer and provide the contractor with technical guidance. Technical guidance shall mean filling the details or otherwise explcini;g the scope of wort: and the requirements set forth in the contract. It is intended chat thb details or suggestions stions furnished shall be within the general scope of .:or';as set forth in the cont=act and shall not constitute any changes in terms and conditions of the contract. The Deferral Coordinator has the responsibility for monitoring and evaluating all phases -of the Contractor's perfor nnce in order to determine compliance with the technical re ;uirements of the: contract 9-1 to equipment and furniture,piirchased with funds available under this co?,_ -act shall vest vizi: the FEP Agency upon acquisition or`as.soon thcrcafte as feasible without further obligation to the Government. Agency agrees, a condition to taking title, that• no charge will be Tad 'EL'. s ization, or use charge . made to the GOV?r'^..=-^•t F0= any depreciation, '�-?`J CC_� cocC'"aCt_ with respect to such equ4^ .^ under any existing or future Government or subcontract thereunder. J-6 RIGHTS IN DATA - The Government and the PEP Agency shall exercise joint ownership over all case miles, created and developed in the performance oe chis contract. The Goverment shall have access to such case *tiles at all reasonable times while they are in the possession oi'the 7E2 Agency. The FSP Agency shall hive access to such case files at all reasonable time while they are in the possession of the Equal Employment Opportunity Commission. No case files, retorts, studies, findings or other information collected or created in the performeace of this contract shall be released by the FEP Agency except as authorized in accordance with TITLE VII Confidentiality Provisions. ,i-7 IDT^ I_ r:,TiON The PEP Agency agrees to indemnify the Government, its officers, agents, ssi performance employees and assigner, for all claims of any nature arising out o: of this cont=act, including costs and expenses resulting from such claims. • J -E ACKN'UWL7DGE=T OR S OSSO95 I? The FEP Agency agrees that i__^the co=aunieatior. or� cele=_se of ainformation _I _ concerning work performed or work to be performed under this contract, such communication or release, whether in writing or othernise, shall be jointly approved by the Contract Adm=inistering Officer and the FE? Agency, and shall include a statcaant to the effect that the project or effort depicted was or is co-sponsored by the Equal Employment Opportunity Commission. J-9 nil, ERV S_CN AND L! ALSO_'i The Equal Erplcyae^_t Opportunity through its Director, Office of Field Services has delegated to the District Director, responsibility on behalf of the Govern.' -•^.r for revias:iag the c,. o Agency compliance with the contract and evaluating the PEP Agency performance according to the Scope of Work of the Contract. 3-10 DIRECT AND INDIRECT COSTS 7EE? Agencies are hereby informed that no additional funds will be added for direct or indirectcosts that are not already included in the total cost of this contract. 9-2 –?1 PA,YR";:i'_ 'ii:S'UCT=0::5 A. Awards over $120,000.00 - This contract is subject to the 1ettet- of credit ;ethod of financing aad shall be .e:: 1 d . - Order Teo, 1; '= oYe zr..�eccgrdz�ce :.z}t;. EEOC k6 dated Oct �, circular 1045 d ob_ 1, 1977 2nd Lepar n nt ofTreasury > Fourth Revision.. (attached) . - For fu �her.in£orr_tioz contact E?CC,'Of• and frtrd.a -ice o; Progra Planning, Evaluation,Finance Eranch, P,coia 3223 c > ea code (202) 03-7050 B. Awards Under $120,000,00. • .:. - III -VOICE ii;S1RLiCT]O:•i •- - (a) General. Strict -Compliance with the instruction will - • • • faailitate earl ' '✓' p' -Y'=•^ -t o;' i. voiczs: However, no - rayreat can be rade until this contract and subsequent zrod.ificati.ons are returned', -properly executed, to Equal E oioyz nt O?por u_ity COr..r,•_'_SSjOn "E" the ?:W. Washington, D.C, 2401 z S Room X3200.. 20500;-' Attn: Contracting Officer, invoice Fox-. The FE? 'Age nc` ' Fox -s. "Public Voucher for Purchases lase • codes of the ases and Services Standardr , i, of Oe Cr Than Personal", St be obtained � Form 103 Codes o;, the Corn ray d iron the Contract A:d=.ir-sterin Officer_ g _�lce._ -(b) • Step 1 - The PEP Agency will pr of "Public Voucher r prepare, sib and sub_�t copies for Purchases and Services Other Than Personal" Standard Fora 1034 to e . • Officer_ e Contract f. -.-1st_-- Step 2 - The Contract A"`nist .. review .t'ie Standard Form 1031; _ If c_ will receivo and 1 found correct a?.0 'proper for pay -meat, the Contract Administering, Officer rill sign the St S da -d Fore• 1034_ _ Step 3 - The3ii Contract d ri st _-i n yells. copy 7: the Standard -- o �_f1Cc.'-" ;.^_li -_..CC.. one and`r d For: 1034, ten =ail the original and _etlainin.. conies of the Standard X. _ 3 Equal Enp10 went Opportunity Commission Finance Branch 2401 .. Street, l:_.. Room 3223 . Washington, D.C. 20SJ;--, ' Step - The Contract Administering Officer will mail the detached yellow copy to the Contracting Officer for inclusion in the contract file, addressed as follows: ' C -Equal Employment Opportunity "Commission Director, Contracts & Procurement -Division 2401 E Street, N.W., Room 3200 Washington, D.C. 2050& J-12 NOTICE OF ADVERSE COURT ACTION The Contractor will provide written notice to the Director, State and Local Division, Office of Field Services, of any adverse local, state or federal court decision issued against the Contractor relevant to the Equal Opportunity clauses, Section L, of this contract. Such notice shall be provided within 10 days ,of the court's decision_ J-13 PROGRESS PAYMENTS The progress payment clause contained in 41 C.F.R. 1- 30_510.1 is hereby mad part of this contract. Progress Payment - 1-30.510-1 Progress payments shall be made to the Contractor as work progresses, from time to tine upon request, in amounts approved by the Contracting Officer upon the following terns and conditions: (a) Computation of amounts.- (1) Unless a smaller mount is requested, each progress payment shall he (i)'80 percent of the amount of the Contractor's total costs (except that this percentage shall be 85 percent if the Contractor is a small business concern) incurred under this contract, except as provided herein with respect to costs of pension contributions, plus (ii) the amount of progress payments to subcontractors as provide in (j) below; all less the sum of previous progress payments. With respect to cost of pension contributions, when pension contributions are paid by• the retirement fund less frequently than quarterly, ac- cruals of the costs of these pension contributions shall he excluded from the Contractor's total costs for progress payment purposes unitl such costs are paid. If pension contributions are paid on a quarterly or more frequent basis, accruals of the costs of these pension contributions may be included in the contractor's 'total costs for progress payment purposes: Provided, that the pension contributions are paid to the retirement fund within 30 days after the close of the period covered by the payment. If payments are not made to the fund within such 30 -day period, pension contribution costs shall be excluded from the Contractor's total costs for progress payment purposes until payment therefor has been made. (2) The Contractor's total costs ((a)(1)(i)) shall be reasonable, allocable to this contract, and consistent with sound and gen- erally accepted accounting principles and practices. However, such costs shall not include (i) any costs incurred by subcontractors or suppliers, or (ii) any payments or amounts payable ,to subcontractors or suppliers, except for complete work (including partial deliveries) to which the Contractor has acquired title and except for amounts paid or payable under cost - reimbursement or time and material subcontracts for work to which the Contractor has acquired title, or (iii) costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs. (3) The amount of unliquidated progress payments shall not exceed the lesser of (i) 80 percent of the costs (except that this percentage shall be 85 if the Con- tractor is a small business concern) mentioned in (a)(1)(i) of this clause, plus any unliquidated pro- gress payments mentioned in item (a)(1)(ii), both of which are applicable only to the supplies and services not yet delivered and invoiced to and accepted by the Government, or (ii) 80 percent (except that this percentage shall be 85 percent if the Contractor is a small business concern) of the total contract price of supplies and services not yet delivered and yet delivered and invoiced to and accepted by the Govern- ment, less unliquidated advance payments. (4),The aggregate amount of progress payments made shall not exceed 80 percent of the total contract price (ex- cept that this percentage shall be 85 percent if the Contractor is a small business concern). (b) Liquidation. Except as provided in the entitled "Termination for Convenience of the Govern- ment," all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress, the amount of unliq- uidated progress payments, or 80 percent (except that this percentage shall be 85 percent if the Contractor is a small buiness concern) (see 41 C.F.R. 1-30. 512-2 for citation of lower percentages for this paragraph (b) and for (a)(3)(ii)1 of the gross amount invoiced, whichever isless. Repayment to the Government required by a retroactive price reduction will be made after recalculating liquidations and pay 9-5 ments on past invoices at the reduced prices and adjusting the unliquidated progress payments accord- ingly. (c) Reduction of suspension. The Contracting Officer may reduce or suspend progress payments or Liquidate them at a rate higher than the percentage stated in (b) of this clause, or both, whenever he finds upon substantial evidence that'the Contractor (i) has failed to comply with any material require rent of this contract, (ii) has so failed to make progress, or is in such unsatisfactory financial con- dition, as to endanger performance of this contract, (iii) has allocated inventory to this contract sub- stantially exceeding reasonably requirements, (iv) is delinquent in payment of the costs of performance of this contract in the ordinary course of business, (v) has so failed to make progress that the unliq- dated progress payments exceed the fair value of the work accomplished on the undelivered portion of this contract, or (vi) is realizing less profit than the estimated profit used for establishing a liquidation percentage in paragraph (b), if that liquidation percentage is less than the percentage stated in paragraph (a)(1). _.. (d) Title. Immediately, upon the date of this contract, title to all parts; materials; inventories; work in progress; special tooling, nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufacturing aids not considered special tooling; and drawings and technical data (to the ex- tent delivery thereof to the Government is required by other provisions of this contract); theretofore acquired or producd by the Contractor and allocated or properly chargeable to this contract under sound and generally accepted according principles and practices shall forthwith vest in the Government; and title to all like properly thereafter acquired or produced by the Contractor and allocated or pro- perly chargeable to this contract as aforesaid shall forthwith vest in the Government upon said acquis- ition production or allocation. Notwithstanding that title to property is in the Government through the operation of this clause, the handling and dis- position of such property shall be determined by the applicable provisions of this contract such as: The Default clause and paragraph (b) of this clause; Term- ination for Convenience of the Government clause. Current production scrap may be sold by the Contractor without approval of the Contracting Officer and the 9-6 proceeds shall be credited against the costs of con- tract performance. With the consent of the Contracting Officer and on terms approved by him, the Contractor may acquire or dispose of property to which title is vested in the Government pursuant to this clause, and in that event, the costs allocable to the property so transferred from this contract shall be eliminated from the costs of contract performance and the Con- tractor shall repay to the Government (by cash or credit memorandum) an amount equal to the unliquidated progress payments allocable to. the property so trans- ferred. Upon completion of performance of all the obligations of the Contractor under this contract, in cluding liquidation of all progress payments hereunder, title to all property (or proceeds thereof) which had not been delivered to, and accepted by the Government under this contract or which had not been incorporated in supplies delivered to and acceoted by the Govern- ment under this contract and to which title has vested in the Government under this clause shall vest in the Contractor. The provisions of this contract re- ferring to or defining liability for Government- furn- ished property shall not apply to property to which the Government shall have acquired title soley by virtue of the provisions of this clause. (e) Risk of loss. Except the extent that the Government shall have otherwise expressly assumed the risk of loss of property, title to which vests in the Government pursuant to this clause, in the event of the loss, theft, or destruction of, or damage to any such property before its delivery to and acceptance by the Goverment, the Contractor shall bear the risk of loss and shall repay the Government an amount equal to the unliquidated progress payments based on costs allocable to such lost, destroyed or damaged property. (f) Control of cost and property. The Contractor shall maintain an accounting system and controls ad- _ equate for the proper administration of this clause. (g) Reports -access to records. Insofar as per- tinent ro the administration of this clause, the Contractor will (i) furnish promptly such relevant reports, certificates, financial statements, and other information as may be reasonably requested by the Contracting Officer, and (ii) give the Government reasonable opportunity to examine and verify his books, records, and accounts. (h) Special provisions regarding default. If this contract is terminated pursuant to the clause 9-7 entitled "Default," (i) the Contractor shall, upon .. demand, pay to the Government the amount of unliq- uidated progress pay -eats and (ii) with respect to all property as to which the Government elects not to require delivery under the clause entitled "Default," title shall vest in the Contractor upon full liquid- ation of progress payments, and the Goverment shall be liable for no payment except as provided by the "Default" clause. (i) Reservations of rights. 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. Contractor from performance of his obligations under this contract, nor constitute a waiver of any of the rights and remedies of the partiesNo delayor failure of pa_''_�s under this contract. the Goverment in exercising any right, power, or privilege under this clause shall affect any such right, power, or privilege, nor shall any single or partial exercise thereof preclude or impair any fur- ther exercise thereof or the exercise of any other right, power, or privilege of the Government. (j) Progress payments to subcontractors_ (11 The amount mentionec in (a)(1)(11) or tnis clause shall be the sum of (i) all the progress payments made by the Contractor to his subcontractors and for remaining unliquidated, and (ii) unpaid billings f progress payments to subcontractors which have been approved for current payment in the ordinary course of business, othen under subcontracts which conform to (j)(2) of this clause. (2) Subcontracts on which progress payments to subcontractors may be included in the base for progress payments pursuant to para- graph (a) of this clause are limited to those subcon- cod tracts in which there is expected to be a long ' time" between the beginning of work and the first delivery, approximately 4 months or more for small business concerns and 6 months or more for firms which are not small business concerns, and in which the provisions regarding progress payments (i) are sub- stantially similar to and as favorable to the sub- contractor than this clause is to the Contractor and on a basis of not more than 80 percent of total costs or 85 percent of direct labor and material costs (except that these percentages shall be 85 percent of total cost or 90 percent of direct labor and material cost for those subcontractors which are small business concerns), and (ii) make all rights of the subcontractor with respect to all property to which the Government 5-5 has title under the subcontract subordinate to the rights of the Government to require delivery of such property to it in the event of default by the Contractor under this contract or in the event of the bankaruptcy or insolvency of the subcontractor. (3) The Govern- ment agrees that any proceeds received by it from property to which it has acquired title by virtue of such provisions in any subcontract shall be applied to . reduce the amount of unliquidated progress payments made by the Government to the Contractor under this contract. In the event the Contractor fully liquidates' such progress payments made by the Government to him hereunder and there are progress payments to any subcontractors which are unliquidated, the Contractor shall be subrogated to all the Government's rights by virtue of such -provisions in' the subcontract or sub- contracts involved as if all such rights had been thereupon assigned and transferred to the Contractor. (4) The billings described in (j)(1)(ii) of this clause shall be paid promptly by the Contractor in the ordinary course of business, not later than a reasonable time after payment of ecuivalent amounts by the Govern- ment to the Contractor. (5) To facilitate small business participation in subcontracting under this contractor agrees to provide progress payments to those subcontractors which are small business concerns, in conformity with the standards for customary_ progress payments stated in 1-30.503 of the Federal Procurement Regulations, as in effect on the date of this contract_ The Contractor further agrees that the need for such progress payments will not be considered as a handicap or adverse factor in the award of subcontracts.• 9-9 SECTION K - CJ/'ET CONTRACT CONTACT Contracting Officer William 3. Jackson EEOC, Contracting Officer Telephone: (202) 63--767• Place of Acceptance: See Section I of the Schedule Accounting and'A_nropriation Data: See Block 14 of Standard For; 26 Contract -Administration Office: See A3^;^istratioa Office in 31oc': 6 of Standard Fora 26 Contract Monitor Representative: Charlotte Frank., Director Office of Fie'' -2. Services Paying Office: 712 Agency Contract and Address (Tbe address to :which nayments • s._.,•1c nailed by the Gove_n- Lri t) Contract Administering Office: EOC, Finance Branch 2401 "2" Street,1:.1. doom 3223 Washington, D.C. 20506 Telephone: (202) 634-7050 See Block 8 of SF- 26 See Clause 5-3 District Office:' i District Director (See Block 6 of SF -26) Contract act Svecialist _ Ernest 2. Barber ,.- . Contracts :: Procurement Division 2401 "E" Street,N.W., Room 3200 Washington, D.C. 20506 ieienhone: (202) 634-7674 10-1 sCIi£-c2=e&22 L-1 2m=0 G 2= ? EI s TITLE 3-.I3 11-1 L-2 .CFkliGF.S 11-1 L-3 zeas as L -I; V I !I cU I -1-1-2 7 c£z2 r ? -2 u SK L-6 RZSS333I 2:= S2S . ^ 11-3 L -T a w _ 1- L_s A' p3- OF etas - Gates -112 L-9 FEDERAL,2«2 AND Sc T 11.3 u 11 - L— 23 T £g 11Q L— Dee. . /1 --T. L-12 52IC 12 11-7 13 cr sec. ses as ryS.a,&m2ov — Ce #2 L-14 & 23a2:CLAUSE 11e£t112 1,3 0272 2? TO 3;7E77 as �a cewe AGAINST cc«? - 11-10 wli» aI 2-1;11 a 0 TIE 211 62e 11-10 L-13 c o? S 11-10 L-19 =tee ?yes Geo L-20• «I,e RECORDS EY. CeezLG1P -11-11 wa NOTICE ga aa. c RG D G? �e we mP sE . 5 G = '£-U L-22 CONVICT L02 ® 11-12 L-237= 2 0 a S. 1UsoaL :C". 11-12 L6 Pm TO apse OF11 awe . £a2: L-25 2. 3T S £222 3SI FES P 3<3 11-12 , : z2 L;oe; & as;e s c ;aces ec? ! ' . L-25 11-13 . rq X13 REDUCTION 2#DETECTIVE COST OF I=eDATA _' 113 t— 11 L-28 AUDIT 2Q! 3m a • CONT_ilUA' LUI U:' _i•:1--a..l v .,c_...;G' ?:i•.,v.�:,Ca:� — SEC'''C • 'TIME PAGE HUI=R SLcCC:,:-C_.,.. CCST Ca ??_CI :;G DATA 11-15 ; thrt 11-16 E = 'C 7.1 .^.:: _ CF: - __.i 11-17 1-31 D SL D 'VE7F.RA3.S :27 .E7P.A:iS Cc THE 'v=_.L1 _?'- 1_-_8 thr_ 11-20 L-3 SE= =FACT _ Cr 1985 (AS :_ WSJ) 11-21 thzu 11-25 L-33 s55:CsL - CCN__ACTC3 11-26 J4 LTr.TZATIO•: _ —A -C3 SURPLUS AREA CC:;C? S 11-27 L-35 CL -_f s-3? SND r" 11-27 t u 11-23 SECTION' L ---.GEUE2AL PRO ISTCOS L-1 DE?,_:I•_IC:ts (1-7.102-1) (a) The term "head of the agency" o r " Secretary"' as used ___`meansas the Secretary, t,_ UnderSecretary, ay Assistant Secretary, or any other head or assistant head of the executive ormilitary department or other Federal agency; and the term "his duly authorized represen,.ati're" nears any Person cr Persons or boar' (otherthan ' Contracting Officer) authorized to act for the head of he agencyor 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 vho is properly designated Contracting Officer; and the term includes, i. except as otd_r•se provided in this contract the authorized representative of a Contracting officer acting :_thin the limits of his authority. Except as otherwise provided is this contract, the ter_ "subcontract" includes purchase orders under this contract. L-2 CHAUGES (1-7:102-2) The Contracting Office." may at any time b , y a :crit' ten. `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) Drawings, designs, or specifications, where the sur -plies to be furnished are to be specially -manufactured for the Government in accordance thereirith; (2) method of shipment and packing; and (3) place of delivery. If any such change cause an increase or decrease in.the cost of, or the time required for, the performance of any part of the work under this contract whether changed or not changed by any such order an equitable adjustment shayll be rade in the contract price or delivery schedule, or both, and the contract sha? 1 be modified in writing accordingly. Any claim by the Contractor for ad- justment under this clause must be asserted :.-ithin 30 days from the date of receipt by the Contractor of the notification of change: Provide, however, that the Contracting Officer, if he decides that the facts justify such action, =ay receive and act upon any such claim. asserted at any t_-_^= prior to final pay -..fent under this contract. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Contracting Officer shall have the right to pre- scribe the manner of disposition of such property. Failure to agree to any adjustment shall be a diseute concerning a question of fact w_thin the meIz=ing of the clause of nothing thiTs contract _n__pled "Disputes". :'.ow_.__- in this clause shall excuse the Contractor from proceeding with thecontract as changed. L-3 EXTRAS (1-7.102-3) Except as otherwise provided in this contract, no.payzen,.Lfor extras shall be made unless such extras and the prices therefore h_vebaen authorized in writing by the Contracting Officer. VA.FI.:__C:: r nc:t:i__TY (1-7.102J+)• . No variation. in the Quantity of any item called for by this contract will be accepted =less such variation has been caused by conditions o: loading, sh_poing Or cti_::G or as lo.ia._es in i_-.u=__.0:i tg zrocessees, and the._ o„ly to the extent, if any, specified _is_,..-_-. in this contract. L-7 I2:S2'CT-4ir (1-7.102-5)/ (a) All supplies (which term, throughout t cla' s_ in—l--'=s ., ..hoot lW t .Lo! ra' materials, co.^..00 neota, interm--"=t. as sentries, and eft products) ehal l be subject: to ;-,c7;-,-"4.--1 and test by the Govern - neat; to the extent ractical at alltimes and places including. the period of manufacture,,and in any.eve_t _rior to acceptance. (b)- in case any supplies or lots of supplies are d 't_ -e iematerial or nor'=tents; ip or other—,..se not in comfo miry :i th the requirezents of this contract, the Government have the right either to Y • jectt __ (+ or without inst- _ � s - totheirdist^s?_' =) or to reouire their correction. Suooli s or lots of supplies ..n__- have been rejected or required to be corrected shall be removed or, -- tertilt.._or required by the Contracting Officer, co ----'-d in.place by and at the expense of the Coetrac:=r promptly after notice, and shall not thereafter be tendered foracceptance unless the former rejection or. __=_-_ e._ -t of carr^`--- 's disclosed. the Contractor fails proapt_ytc remove such s•_?lies or lots of supplies which are required to ..e removed, or promptly to replace or correct such supplies or lots of supplies, the Gorer _ either i/i) nay by contract or otherwise replace or correct eucb 51:771e5 Z c charge to the Contractor the cost occasioned Government thereby, cr (ii) may terminate thin contract for default as pro pec._ itheclause of this cont=act entitled - "Default". Urless the Contractor co or replaces such s::-_____ 'within the delivery•scceduse, the Co:: --a^ Office_ -ay she delivery of such supplies at a reth c::on i2 price .ch is equitable under the circumstances. ^ail_ume to _-_ to such reduction of price dispute co: --' ng a quest'on of _act within hemeaning of. the clause of this contract __title_ Disputes". (c) if any =soeet=oo or test is -ace by the Gove^__.'-t on the ?remises of the Contractor or a subcontractor, the Contractor .-_'pout additional charge shall provide all reasonable facilities and assistance for the • safety and _. convenience of Cover=_- .soectors in the terformanoe oftheir duties. If =_ Covr.^_..y '^ - ion or test is rade a po100 otherthan the 'remises oftheContractor or a subcontractor, it shawl be at the exoense of the Government e. _eot as other"' =se provided in this contract: Provide , case of - ..tio^. Government. shill not _e liable for a::'ln`__uction in value offJ saoolesy used Government n•••; n.l with such _ ste_ticn or test. ^?11 inspections and tests by the Govern- -- shall ' be tet _or- ad such a manner as not to -."may delay _-eyGo Government reserves t ton, _ to Co..__ additional cost,of Government inspection and test __ supplies are :los ready at the time such ins0ectio: and test • =stet' by the contractor or vhen ..sp= or _est is necessitated ., ay rio _ejection. c_e=.,lnc or. e„ ^r' -n_ c: L _ supplies she.._maze ase. _ - as practical after delivery, except as other•;ise provided in this contract; but failure to i-nt=ct —td . je sn -,1 ; os ..'`1 neitherrelieve the Contra -tor from _es_C:si^:1i for such s•' -.-.1'=s as ere not in accordance ._tit the 11-2 (d) contracte:lc.; s nor impose liability it ty on the Government t;;er_fo-- in- ior.'and tst by the Government o: any supplies or lots t. of does not relieve the Contractor from any responsibility recording defects or other _ail'ircs t., .meet the conga^o.ments_=y t rcuire'�:ich be ^ discovered prior to acceptance. r..ceot as ot}ervise provide_in this contract, acceptance ..11 be conclus`.,_ except as as t d =^ fraud, or scc or,ss mistakes as amour= to fraud. (c) The Contractor --.11 provide _.- maintain a, inspection system acceptable tothe Government covering e supplies .erercer. Records of to shal completeall' i_.- sr _;._o^ work by the Co.^.tra r the Governmentduring_ _ be kept complete and available to he performance of this contract and for such,lodger tr==od as ray c_ specified elsewhere -- this contract. 3=S?CtiS_3 --- sod Sv7:F,__s (1-7.102-6)• Except as othervise Provided in this contract, (i) the Contractor shall be rssoo:sible rthe supplies covered by this contract until they _r_ delivered � at t designs__± de_=: -err port, regardless of the ypoin., of inspection; (ii)- after delivery to the Government a= ....e designated pointand crier to accept- aneeby the Gove_ _er_t:or rejection and giving notice thereof by the Government the Governme t s `i1 be _esponsiole- the loss or destruction, or d=s;e re- sults fro the negligence of oe"i^ars,agents .or employees of the C-3ver^=e.^.t acting within the scene of their employment; and (iii) the Contractor shall bear all risks as to _='e^ -ea supplies after notice of _ejection, except that the Government shah- be res::risible for the loss, or destruction of, or damage to the supplies only if such loss,destructionor damage resultsfrom the gross _egli-e. a of o flcers such or l_ `_' __ `- , ..-?_ogees of the GJ-re----.� =_c�i_� within the scope of their employment. — _.-._ .17:5 The Con -tractor shall be paid, n the -_ the _ )cps ''• ^. submission of oro_e_ invoices o. vouchers, Orices stipulated herein for supplies delivered and accepted. or se -rices '� rendered and accepted, less d=a••^=:o^s, any, her- ~ mer=_i. •=deo. Unless other- -is,- cps . =R yea ill .. made cz .vial deliveries __ -es Van opted by the Cave: sent when the amount dueonsuch deliver -_s so warrants; or. when requested by the Contractor; tlay=ent for accepted partial deliveries shall be made when- ever such payment ecuel or ext__. $1,Oc0 or 50 of the tote_ a=0. -int of this contract. r -S iss_G- r s OF Crv.r.s (1-30.703) (a)l Pursuant to the provisions of._- Assio me :t of Clays Act of 1940, as w=ended (31 U.S.C. 203, 41 U.S.015), if this coot:act nro•r.des for :payments aggregating $1,G00 or core, claims for zoneys due or to become dne the Contractor fro- the Government -...-__ this confront =ay be assigned - to a be'.k trust co_cany, or other 1-_.n..__' '-st..0 ion including a ,`; -.a ..; :�.•�- :^n iib �.y Federal lending agency, and may thereafter be further assigned and _e- assi;ed to any such institution. Any such assignment Jr . _assi shall cover all am:ants _ay:ble this contract an__t already ,• _ not eddy paid, and s;:=?' not be rade to ...__ than one party, t that assignment - "='1> _ such ass_g.-=.. ar -- assignment may he _e to one -_r as^a ..or trust__ for t -o or - . _ _es pe_�-ticioasi ng in suchfinancing. Unless otherwise provided in this contract, payments to assignee of any moneys du_ or to become d:._ unser this contract shall-- .^rot, to the _..__.. .,.:ded .. ,aa.d nit, as amended, G2 Subject to r=''••••, -e-•., or setoff. 11-3 (The preceding sentence aPpLi^_s only if this contract is -ad e in time of war'or national o...erge.ncy as defined in said Act and is with the Department of __._..se, the General Services Administration, the Atomic _'er„j Commission, the iiatica_ Aeronautics ar.z Sea__ Administration, the Federal Av=iation .lye., or anyother depart- ment - ccn. or agency of United States designed•: bt.._President pur- suant to L o_ the pro•._se o: ae_ on _ of t,.,. -.,s_ o:' Claims of i9i,n as ' by - a� 15, .,:_:. Ll.) v, at_..-__ �.._ AAAA.. C. 1951, CO (b) in no event shall copies of this contract 07 of any plans, spec- ifications, er other similar docu__.nts= +_ - to vo-k under this • contract, if market Toil Secret," "Secret," or"Co "Confidential," , be furnished to any assignee of any claim arising under this contract or to any other person not e nt itled' tC receive v _ t -y_ same. However, a copy of any part or all of this contract so marked may be furnished, 07 any information contained t..___ may be disclosed, to such assignee _ the error ^. _tee: authorization of the Contracting Officer. L-9 =ZEAL. STATE AFD LOCAL r ;=5 (1-11.L01-1) (a)• _except as may be ota_.._se pro7ided in this contract, t.._ contract pr___ includes all applicable Federal, State and local taxes and duties. Nevertheless, with restect-t Federal - (b)o any �_raiz_ excise tax or duty on the transactions or, property covered by �t =`_s co :tract , is a statute, court decision, _tteu• rum =p, or regulation takes efecz after the contract date, and -- (1) Results in the Contractor being recuired to map or bear the burden of any such ?edc_al excise tax or duty or _.crease . he _ _ hereo'_�- which would not otherwise have been payable such transactionsor • property, the contract price shall beincreased b the amount of such tax or duty or rate increase: Provided, That the Contractor if request- ed by the contracting officer,'warrants _..—it'ng-t _at no amoumt for such _early _— -used ___rel. excise tax or duty or rate increase :_s _._- eluded in the contract nrice as a contingency reserve or oth__..^.se; or • AAAA._-_ (2) Results in the Contractor not being required to ay 0r bear the herder, or in his et - ,'- :. or c___. of any suchFederal excise tax or duty _ ichGo•_l^ oche ise have been - en ..shtrans- actions or nrooeruy Or vhicb, .as the basis of a.. __crease in the contra_ price, the contract price shad be decreased by the _cu=t o:' the relief, refund, or drawback, or that amount shy be ta_d to Government, as directed by the Contracting Officer. The contract Trice shall be si.=i?acly decreased if Contractor, t._ougi his fault er ._Cl_genc_ or his failure to _'olio:. instructions the Contracting Office= is recuirad to pay or bear theburden of, or does not o Laic a refund o drat. -back of, any such .___.°l excise tax or duty. .iC adjust -..t pursuant to r r ph (b) above :.-7111 be made aideryhis unless t contract uess he segregate `-_ out ,.hereof _s or z.--ay"--ay"-_ascnablyce ex_ .ted to be over $100. As used in paras . (b) above, the to "contract Cate" means the date -set for the bid oareniog, or i_ this _s a negotiate_ contract,the daze - of thin _.,..tract. As to additional sunplies o: ices rcc_ed by modification to this contract the tern ...__..s t.._ _-t_ of such u-4 .(e) gilless there does not exist any reasonable basis to suesai^ - exemptio.^., .the Cq•: __ -"nt, u,o^ rti : est of the Contractor, wiho further li";l;ty, _-_-_ exne?t as otherwise _ro•.ided in this t act, to furnish evide_c_rocri_t_ to establish exe-oti_.. from any tax- which ax l:hich t.._ Contractor=_C.^. in ,as excluded the no.__.__.. trice.r. o -• e Contract{ g 0 `i••�•- - furnishevidence o .'.nJ.. establish _=o' . .`. - _ o c •. may, tsi: to ._c clause, _•- rise to either an -.._.ease or decrease in the contract prise. Exce?t _s otherwise provided in this contracs, evidence to est=" _. exemption from duties will be _._.._sh only at the discretion of the Contracting Officer. (f) , The Contractor shall Orate ily notify the Contracting Officer o_ matters :rich will result in either a1 increase cr decrease i1 the contract orice, and __._ll tate __tion with respect thereto as dim_ -e•' by the Cort_ - -e Office=. L-10 DEF ULT (1-8.T07) (a) Th_e Co•:___._act _ay .._ ora:-s_cns c` _ara-.apc (c) below, bywritten cot ._ _,o= default to t_ Coct_actb= terminate the whole or ' any aartof this contract to any one of the following circumstances: (i) If t e Contractor fails to cake delivery of the s••" -,lies or to oer- fcr= t.. serices sewithin the time s >^' herein or any extension there- of; or (ii) If the Contractor fails to oerfo a any of the other Provision of t__- cootr_et, or sa all tomake - m=ess as to endanger __far-an_e. O: ..,_s contract i_: accordance with wh its- terms, and in'either of these two circ' sta=cis does tot cure such. failure ..-. wit'aid � Vr_odo_ 10 days (or such period as the contracting Os__cermay a authorize in .. ting) -_-- receipt of notice _r.,_ Contracting Officer 's_-i'y'ng s•y.cbr_a lura. (b) -1-r, the -event theGo-.-eranent ter=inates this co -..___t _n whole o: ._ Tart es __ovided in oa:a_:ash(a) of this clause, the Cove_.=_.._ nay procure, upon such terms and in such ==..r as the Contracting Officer may nee atom -_tom ' av Or services s-= ^ -r to hose s_. terminated, the, Contractor l 14- t„ Government for anyexcesscos for such s�_ar scoolies or -_r,-_es: P:•o•r_d_-, Thaz the Contractor shall =tin: the performance o: this cont.act to the extent not ternizated under the orov'_sions of this clause. (c) =..Gceot with respect to defaults of subcontractors, the Co._,.___..._ .._all . not ..e 14an1n for any excess costs i= -_ failure to __o^ t.a arises cut of causes beyond t.._ control and _` _t the fault or - _... of the Contractor. Such causes may include Cu are not restricted ._.... of Cid or of t_ , .,l_ es -my, acts of t.._ vo•:rr=Lent t. either its sovereiGn or __es, floods, epidemics, ouarantine restrictions, st____s, 'e_=c.rgoes, ._._ unusually y severe ,eather; .but every case t.._ faille to '__=fort must bebeyondt.._ control =.d with+-L` negligence - tract _failure t' _ out ...__ _..--_ ... _:_,....__ C: the Costractor. If�..._ __ _.. per- form is caused by' default of L sun -COC .a.. o if such default arises out of causesbeyond the control of both the Contractor and sub - __.._r_____ a._ without the fault or negligence of either of the.., the Contractor shall nct __ , exoesa costs for failure to per- . __- 11-5 sub-contructor were oL•C.'.._:ahie _r0m other sources in su_=iciett time to p c_ ::i t the -Contractor to .he required delivery sc hedUl e. (d)If this cortr__t is terminated .s provided in _a raph (a) o= this clause the Government, in additioa to any other _ - _s provide_ in this clause, may r_cui__ the Cont.-actorytransfer title and deliver to Cover _.._.. . t - and to directed by the ContractingO__ice , (1) ny` mm'__.ed .00dles, and (ii) such ___t_allyV ^_ "fetesupplies and -__sls parts, dies, j -s , fi_....._.es, Dlaas,dra._..ns. _.._or=t_,,... and contract __a..ts (hereinafter called "ranu actur_n; materials") as the Contractor ..as s_ -; �';' a ly produ ed or s= etc -aired ac_ r_ ..r w .. oercorance of such cart of this contract as has been terminated; and the Con- tractor shall, upon direction of the Contracting Officer, and _reser e property possession. o=' the Contractor _n which tte Government has an interest. Payment for co n1eted supplies delivered to and accepted by the Government shall be at the contract price. Payment for manufacturing materials delivered to and accept by the Government :or _ rotection an preservation of c_,._ __t,r shall be in an amount agreed ucon by the Contractor and tr=^ , g 0"i-=-; failure to agree to such amount shell be a dispute concerning a c_ues- ti00 of fact within the meaning of the clause of this contract entitled "Di sautes." The Gove-.-___. may withhold -'o1c _ro=s o ..__ se due the contractor :Or such coneleted sup -Tl ies or ^ necessary a factur_'_s r_...e. _mal s -._ sum as the - O_icer de.__^ _,es toto protect the Cover ter t .�aLast loss because of outstatdi_.gliensor claims of former lie:+ holders. (e) If, after notice o .. _' ter-;nation nn o -ioo`� _ this coTt_c_ under -. prv_s_..: of this _ _. _s determined for any _es.'.__ bat the Contractor mot La default under the' pro-isicn s of this clause, or_a_t the defs'.:_t- vas excusable under the provisions of this clause, the rights and obligations of the parties shall, is the contract contains a clause oroviding for termination for ca nr_^ ' of the Government, _ he sate as if he notice of .aticn hesbeen^ lss_et pursuant to such clause. __ ..._.t,ar notice of t_ .i_- 4on of titsco=traunder _ _ provds ins o_ this clue, it is determined for acy reason that the Contractor -as ....,t in default ...de_ the provisions of th;s clause., a=d if his contract does not contain. ._ clause aro':_.__ng :or termination for convenience Ca the Cover—e=t the ccntract shall be ecuitably adjusted to compensate for such termination -L- t._ con.._--_ accordingly; ___ed acro_-_ _, to agree to any �suc`± adjustment shall be a dispute concerning a question of fact within the ..reaming of the Clause c: this contra=ct entitled "Disputes." (f) The rights and remedies of the Government provided in this clause sha?l not be exclusive andare in addition to lay other rights and remedies provided by la•a or under this coctract _ (g) .s used in gar _aoo (c) of tils.. sec- "s_bcoot___tcr" said "sub coot_actors" means st'bco^:___tor(s)' at any tier 11-6 7i5?L-?F.3 i 1-7.1.32-12) (c) Except as other. -se provided i-. this contract any dispute co.^.cern._ nc a question _ac_ arising under this CO.... is net di-osed of .:f azreemenl l _ decided _ Contracting 'J" " --a shall .'_duce is decision to,:;r:t-- `an_ mail or- c:.n-e_.-ise _urn....:1' a cop; ..._neo. to the n ! - nf' shall be __„a1 and con- �C.^.t r' -C :Or. _.... __.vision of ..._ O!:.__..�_'� __ _ cl si•:e unless 30 2 from thedate of ^� ^ su;::2 the mails n n furni e ''` Con.--- Officer a '.rift_-. Contractor -a_ ., or o:.:^_—_-_ aces � ��e _^ "S,. aooeal addressed to furnishes o: =c_ Secretary or his duly c — --tion of anneals z it be authorized representative for the._etc:_._.._ - =l determined by COO-_ o: Ca= jurisdiction 'in_ and conclusive l'.^255 L'e�_-'=::' � a ^. jurisdiction or C_^ ic_0u3 by __y, or-s0>.%rossl_r erron- eous have c5?e.^. i=Z�d'��'^'=, -yr , arbitrary, grossly �-...n.-ed substantial eOL'S ZS ?pace sarly to inniy bad faith, ..r not s' _ . evidence. connection an appeal -roc___ _.vier this Clause, the Contractor s .. ^ afforded n a:. ops^ :o be heard andtooffer evi- dence i.. support of its a_n al. _etc_._ __.a? decision a�disputer a__e- ?. Contractor shall proceed dql `-_e =lir ,. t._the performance of the contract and _n accordance with the Officer's decision. (b) This ''D -sautes” clause does act ?recit e consideration of la:r questions 1n connection with decisions Oro.ided for =_ _araj.r2._ (a), above: Provided, -.._.. nothing in -this contract snail be cocst- ed as > final the de- . n CISi 1 representative, Or board OP. a question CisiOa Of any administrative lire O'^, ni a-, o � of la'.r. L--12 3U _C" (1-6.1CL-5 ) Bim. - Act -('s1 J.S. Cedes 10a -10a) (a) acquiring �=^� pro ��_ .S, The :____`_•_ a n provides ?that `the Government Sj.'e ore_ere-net America= source en.. ?rOduct-. For the o!_:ose of this taus_: (i) "Co= ---eats" =eans those zt'-c1eS, materials _ supplies, which direct'y i_cor_orat_- i_. the end _rode:ts; (ii) "End Products" means -those articles, -'is a.dlsu.pides, which are to T d__ thisfor -c--- e; and�(__i) „ "Go=es__, _"� - t re - rod' - _., been source orad p-oduc'. means (a) an .=�____ _.. p .._ - - _ 1 n�- �ed or _.,.,.._ed 11 United States and (J)`.... e.. _Product __.___�.�___ in,.__ United States the_ the cost Of the co =eats ..-^-.^_-._ ..c^____ 2_e .—_.e_, produced,` or^—_u_act___ i_ a^�=�' =t^es ez ceed 50 .sere __t ..- cis_ of all -mss cc=_co:-!eats.-�For lt._e'purpose of this (a) (iii) (3), ....==^_e - o - for foreign origin of same typeor .—=d z the Products nto,inn(b) (11) Or (iii) .,u clause ail,t_ea:ed as co__o:e is mined, ?7oduced, Of ;S C_._'SSe S.n. be cr ...,____ctt=s. in the United States. ContractorCO The agrees that there will be delivered .`.der this Co.....__-.. O_} domestic source •_ end J=_CL_5, 2:iCeCt end products; (1) :..._ch are for _ - _.. use outside the United States; (11) t -iiia. he CO-rer_ determines mired, - . or —._factored in the United States in s',ffzcieut z._ nl commercial C:.._. te5• a c csat. s_ac..c: cuatit ; reasonably available ...._e--_ rent_ � a "o LO be (i.i) As to ._n Stere_ _J Bete—` :es 1'e d^.=estC - ..fere. _-COa5i-t 2az the nl .•. '.. .merest or (iv) As to vh1_the S2 creta_ J � determines tae COSI to the Government to be anr=Zs-'-•"':'. (The forego_ are ad in'_st__ed in acco.'.. F.-___nive Order 105S2, dated December 17, 1954.) 11-7 Tnls concr.,.c - _:,c :Lcnc t::ac U_s a1 ca�c. cam_ _vc _❑ Work lours' -+d Safety Standard Act (40 U.S.C. 327-333),pis subject to^ .. .lo- inC provision: aft-1aft-1to all other policable provisions and ef.ceptions of at t end the reg+.t'_atic.... e'f the 'Soo:eta:7 o'f Lab,, t crc.utdcr . (a:) Overtime requirements. No Contractor cr Subcontractor contract_ for any part of the contrast ••a.... which _ay require cr involve the em- ployment _ cf laborers, mechanics, apprentices, trainees, watchmen, and ?-s:--- quirt or any1_^o._ casnic, apprentice, trainee, , _t._-:,.. " _r ^_-or.-eek in.._..^.is employed on such towordin .cess of 3 hours in any calendar day or . excess of40 'ours in such workweek or. :or. ... csubjet to ...e ...--ions o: the Contract •::Or:; Hours ^ Hos and Safety Standards Act^ unless s.._.. laborer, mechanic, rprat _-cam trainee watchman, cr gureceives compensation at a pat_ not less than one and one-..__ times his basic _._.._•oF pay For all such hours worked in L, . any alpsuch excess of 8 hours .. calendar day' or __ excess of �0 :ours i.. vo kueek, ..'hiche:•er is the greater .___bar of overtime hours. (b) Violation; liability for unpaid wages; liquidated da . ze:s. In .tate event o: any violation of the provisions o: aaragranh (a), the Contractor and any subcontra=ctor responsible therefor_ shall be liable to any e_o1oyee for his '.t ai' wagos. In addition, such Contractor and subcontractorshall be liable to.t..e United States for l_cuid-tet damages. Such licuidated dara;es shall be computed uith repect to each individual laborer,mechanic, trainee or guard employed _n .iplthe a__on of provisions of g paraaph^(a) -i - spot of $10 for each calendar day on which such employe 1,as recou=p or to employed co such work in excess o 0 hours .. or _ excess o:'hm s standard workweek of 4.0 hours .__..out _: stat of t.._ o.ex•t`_ne -ages ___=r_= by paragraph (a). (c) Withholding :or unpaid ::ages a.._ liquidated damages.' The Contracting Office: , ay withhold from the Go':era- ._ _t ?ri=te Contractor, from any moneys - - ia,able onaccount of work performed by the Contractor or subcontractor, such saws as-_ayad=i_istrativel be d to be necessary to satisfy any liabilities of such Contractor or subcontractor forunpaid }.ages ao3, ated des as provided in the provisions of oarasra-h (b) - (d) 3_..•Yc..... _, . The Contractor. shall.= arse_„ -agr :s (a) ti'SCCgh (C) of thiscla_s_ 011 s_b..... co_t=t-, and sh"11 Yeo"ire _carr __Clu's_C: in 011 Su. '•^^-__tats of any tier. (e) records. The Contractor shall maintain payroll records con-__--- - t`_ information in 29 CFR 516.2(a). Such recordssbai be preserved for 3 years from the comaletion of the contract. • 1'- 70..U.;1, 0?r0 CLAUSE (1-12.863-2) During the performance of this comp=act, the 'Contractor agrees as follows: . (a) __e Contractor 11 not dicriminate against employee employee or appiica_rbecausefor employment because of race, color, religion, sex, or nation= origin. The Ccot_.___.affirmativeaLe affirmative action to en...__ that applicants are _'_bye , a._..._t _--lo• are treated during employment, withoutregard t7 their race, color, religion, sex, or national origin. ,Such action snap_ include, but not bel:.__:__ to, following ~_^to:,,;:__ upgrading, de- _ recruitment -g: layoff or ter- mination; __�.s=_ o ___. ____ ..._.._ or _=______.__... --'ama' for ...i__ -tion, rates of pay other forms of c..-,_r.sa._:on, and seiec==o: training, including aporenticeshio. 11-8 The Contractor agrees to post in coacoicuous places available to _ oyces and applicants for mploiment, notices to be provided by the.Co::ractiag Officer see.._,, for_.. the provisions of this Equal 2?p rt_._:y clans_. (h) The Contractor in all solicit `_ons ad:•o..._s_-_...s for erap.loyees placed or o: _hal_ of Contractor, -actor st :_ that all ap?1_^n:s..-11 ---4-v. conssidert on far _nployne.._ __thout regard to ra.z , color, religion, Sex., or national origin. (c) The Contractor ill send to each labor union Or .epee:ert_ti a Of vor.._rs with which he has a collective bargaining agreement or other contractco_ract or understanding a notice, td be ro-ria_do, the agency Contracting Office" the te labor union�or :-orke _ _esentati e of the Contractor's c_..__ ^ _.. _-.. s under this .cua1 Opportunity t.`._ clause, and shall Lost copies ^rthe notice in conspicuous "•-S available to employees Z.^-_ a p1 Khats for employment. (d)The Contractor ^11 cc-?ly with all provisions of Executive Order 9o. 11246 of Seote='_r 2- 1965 and of the rules, regulations, and relevant orders of the con,-o`dry of Labor. • (e) The eontraCtcr :ill-__nish all information and re oits required by Exc•_ti:e Order 2:o. 11246 of September 24, 1965, and b, the rules,reg-, , and orders of the Secretary o: Labor or oc_ scant thereto, and will aernit access to his rooks, __co -ds, and accounts by the contracting agency and the Sec-___ of -Labor for r=oses of investigation to ascertain compliance such rules, regulations, at_ons, and orders. (f) In t-._ event of the Contractor's noncc_nlliance with the E •un _ O?rortity clause of thiscontract or with any of the said rules, relations, or ordero, this contract maybe canceled, tercizated, or suspended, in :chole or in -part and the Contractor maybe declared ineligible :or Pur:.._- Government contracts in .._th_cced^u es authorized, in Executive Ord_. 11246 of September 24, 196ar.� 3, -._su oche_sanctions as may incase . and __.e+__s invoked as provide -1^ u oro:=dei= Zxe_t__._ re_ 112L6 of Sen e -__r 24,01965, or by rule, re ation or order or the Secretary of Labor, or as otherwise rror_ded by law. (3) The Co n.ractor will include the provisions o`' paragraphs (a) rough (g) in•r every subcontract or purchase order mess exempted by rules, regulat- ions, or orders of ti e^ Secretary ^o ' Lab- issued su_ t to Section 204 o: Executive Order No. 112466 of Se?tenber 24 1965,- so that such cro'risio; s will be binding u?on each subcontractor or vendor. The Contractor will take such • action with respect to any subcontract or purchase order as the contracting age✓cy maydirect as a _mans c' enforcing such provisions, including sanctions „_ 'ron,-- _n_i . Provided,however, .-' --=he event theContractor .__..._s solved_ or is t..._-=_.=_d s_.. 'lit- -t__. with a subcontract or •re:dor as a res: _._su_di^�^ ;o: ttre Co^•a_ticg aSercy, the Ccntractor -ay recuest the United ^States +to enter into such litigation cc protect the interest. o: the united States. - - 1-15 0^7:C 1S :oT TO EEN Fi_ (1-7.102-17 ) 1:0rof or delegate to Congress or resident commissioner, shall be a�.=.__..edto any snare or part of this contract,or to benefit that .. ay_ arise op . t this V provision shall l not becons:r. __ to _..tend to this costr_ct if nate a cor_or_tion for its general ....-.___t. 11-9 t-16 C:V?'.,:_ .❑l: (1--.503) The Co^.tr..-c.o: ^_-_a...`.s that no 2crson or selling ' agency has been. cm71: or retained to solicit 07 sec.-_ this C'Jntrnct upon an agreesent or u:.a standing :mor a commission, percentage, bro E:__ _ or CO.^.t ingen __ _. - c.__ tingbona _id employees or __..._ fide established commerical or sellin; n; c s maintained by the Ccn_:-_-or for the.perposc of sace_i'a business, For breach 0: i.&,'"i-n o; this ..,._ Corernr.ont .,..-_l have the .. _ighS to anntil ...is contract .t.:out _is.b!!!cy O; in its discretion to • deduct fro= the contract ars__ or consideration, or othe recover, the full amount of s1__. commission, - -- -t- g-, ..-....__-g-_, or contingent ___. L-17 = FOR CC =-'C3 OF '2HZ v07y?2.^._.T(1-8..105 -) Termination Clause for fixed orice contacts. • . • • (a) App1 - to (i) supply contracts not in excess o: $100,000, and (i-) service contracts of _=ov=: -1 This Con..:_ -ting 0`_'_-_ by notice, may ,.e:==at_his contract, in .ole or in part, when it is _ t.._ bast . • ._ interest of t_Co.__.-i_t. If t..i§ contract is supolies ,and is so -__ i^rated, the Come_._._ shall be don3ensated is accordance with ?ar1-3 of the Feder...,_. Procurement Regulations (41 C77? 1-3), 5.,1. > on this contract's date. To the extent that this _......_act is _o: ser; -ices and is so terminated, the Government shall he liable only for V. __-- -_.^' acco_ dance with t. _ sent • provisions of tbis co= :act for serrices_ ndere-oricrto -e ___ecti� -iedate of tie .niiaa:i n. 1 (b) Applicable to sn__ly contracts in'exce_ss of $100,000. The clause set forth _n 41 CFR 1-3.701 is applicable if this comtract is _ excess of $1CO3CC O. L-13 l"—?.ICING OF .12-.7.3=ES (1-7102-20) When costs arc ain any determination of _ contract mice _ajnst rent pu s•,_t-to tae "C=angss" cinis_ or any other provisions of this contract such costs anal be in accordance :, itb the contract cost principles and pro- cedu:es in 111,a-7:1-15 of the Federal?=ocsans- -'>_;-:!l_.:ons (41 CF 1-15) or =Section !X7 of the r_ ed Services Procuzeaent _ g'1a.iioas _a effect on t.._ date of this contract. L_19 "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 sake an advance payment in accordance with the Payment Schedule or a&tance Psy;ne-nts from tine � to to the Contractor. No advance t ?ay^en- shall be made (1)..ithoutthe approval of the Office of Administering advance :ay; en:s (hereinafter called the "Administering Office" and desig.^,died in parag:a?h (d) (hereof) as to the financial - necessity the (2) in any amount which together ,nth • ' unliquidated balance of all advance payments theretofore -a� shall • exc&ed the amount stated in oarag.aoh (d)(1) hereof; and (3)w-t;ou7. a properly anoroved invoice or invdices. 11-10 1 ) %?cturn of Funds. The Co^tractor L,ay a any tip _ repel? 1 or any of the funds advanced hereunder. U ene-rer so recuested in• citing by th Administering Office, ,,,•_ Contractor shall, .._thin'60 days, _e^ay the Coverrm_._., such part of the unlieuidated balance of `_:ranee payment h as shall; in the opinion of the Administering Office, bein' excess o c:c rs_:. needs. The Contractor shall be deemed in compliance with the -m _ the te ' - sentence li the chief ad:ai 1s':..._:''•' off �v c rthe e comtracto_ s.al1i='re S..t_t _-..ed it _ ng, ;r"th_.. said _ tirL_ iod,a reouest for _ ` em of such ._= funds to tCovera__._ shall devos_ted such _yatest _tai ofth or political sub- 'division ub- • d v s?on coa_trolle:,Treasurer, or other state or co1itica1 subdivision official res_onsible for disbursing state or political subdivision funds, and shall have presented a of copy such. recuest to tie Ad roistering 0f:i At any tire during the first forty-five (45) days following the recuest of the Administering Of'';-- to return funds advanced, the Contractor, if It determines that the request is unreasonable, maya0^.eal the _atter O; the Executive Directorof the Corgi ssioa, whose decision shall be final. (c) 2nfo_^a..ion--_ccess to _._cords. The Contractor shall furnish to the Ad=i`stezi_ng Office signed stateceets of expenditures. The Contractor shall also provide • financial re_orts at such other intervals as may e reo.,ir•eupon reaso^a^l=' notice given. The Contractor shall, at all reasonable times, afford to au'thcxr _ed represeo testi . es of the C9ve_o=__= proper facilities for inspec- tion- or nspec- aion•or the Contractor's books, records and accounts.' (d) Desig'atiors aoa tete_ai_.tioos • (1) flaunt. The ui i icuidated balance of advanced pay=e: is at any tine outstanding hereunder shall not exceed 25% - . (2) Administering Office. The Office administering advance payments • is designated as District Director, District Office, the address which is stated in Block No. 6 of Standard Fora 26. •_ (e) Other Security. •Thhe terms of this•contract shall be considered -adectaate.security for advance :ayaents re de_ . (f) Representation and Warranties. To induce the making of advance aayaents, the Contractor represents and warrants that: (1) The Contractor has the power to enter into this contract 'and acceot ad'.'2:'C.. e^.t5 hereuode= ,anal has taken all .;iecess=rf action to authorize such acceito :e under the terms and conditions of this contract. (2) None of the asses of the Co -tactor is swoject to any lien or encumbera_ ce of any character except as shown in the financial statements furnished by the contractor to the Administering ister_Office. .. has been no assign=ent of claims under this contract act affected by these advance acce payment pro- visOns, or if there has teen any assignment, such assign- ment e_.t nen t__ .._ted. ll-1OA (3) All in_'o nation fu: n_st:_1 by the Contractor .to the Administering Of f iCe in .connection with such y ect_st. far advance Payment is t___ and correct to the best knowledge of the Chien as-i..iste_ing office_ to the Contractor. These- reJs and warranties -stall . contin- uing s. shall be deemed have .eoc by the sub`'ssion of each i= -voice for advance D?r its. • (g) Conrera»ts. Do=ing the _:iod- o= ti.me that advance maymsats riay b- made hereunder and so long as' such advance Pane _ts rem _n uaiculdated, the Contractor shall. not - i.tio_t the prior .-ritt__ consent o_.the a: �; issteri g Office: (1) Sell, convey, lease, montage, pled-_, or of=e^ ase ' eno gib__ , or surfer to b' encumbered, any or the Physical Popery o: which has been - procured 'with advance payments under this 'Contract and. is ic^ are: aZ.ocated to the ae.iaante of this. cOmeract _' • .• • (2) i•S`t_ z:u advance or loan'to or incur amy liability as o...arantor,.surety, or accoanc= pion endorser for any -"? r.^-`., Person, or coracration. (3) Pernit a or attachment or any si-la; Process to be issued against its property ;rithout procuring re- lease thereof or bo ding the sane .1t3_i thirty (30) days after the entry of the writ. of attach or any 'similar process. • L-20V4Ii\?=_:7 OF 3'__.. S :'L CC:LT?0LL 3 G7.7E3AL (1-7.103-3) (a) 1-ris ;s ,, •cabin. c:ar• t of s c.. _ c .,..,,� 510,000 and was entered __o - of bus-.. :•es... act �..a=. _..,i s° bac s ,t abie if this con:ract ..as er.7.,._ed -..:., b'! means ,._ formai -..,__„_c+. S (b) 1^e Contractor a --_-s that the Comptroller General of t..., United Statas or any o: his duly authorized _ eorese ntativer, shall, until the expiration o: 3 ye -_s after __nal tayment under his contact or -....._ lesser time soec-__-= in either Appeadin n of t.... Armed Services 'ro- cl_e,eat ?0-.13:-0:1 or .---_al ?roc.,_ -... .,•agCo_tions Fart 1-20, as appropriate, have access to and the right to examine any directly pertinent books,don=...- :s, 3asers, and records of t..- Con.. for involYing transactions rel acted to this co -_..r_ -t. (c) The contractor :he= agrees to include in all ..i- hereunder' a provision to the _._ ;tut the subcontractor es t., the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 :rears after final payment under the subcontrrct or such lesser time specified in either Appendix n of the —ed Services Procurement Regulation Cr the Federal Federal*Frocuremeat Regulations .__o 1-20, as have access to and the _'_apt to examine any directly oertinent ..00hs, documents, papers, and records Of such subcontrar_or, involving yn--_..'_ons relate_ term Fact. The -_.� r'su:. - .. as .:sax-_. this clause-_..._....._sy (1) purchase orders not exceeding X2,500 a (2) subcontracts or purchase orders _ utility services at _ es established for a?pLicability to t,. - general o::b1ic (d) The periods of access and.._i_.-t_'oo described in CO) and (c) above, for records which relate to (1)�aooealsunder the "Disputes" clause of this contract (2) Lit---t-.,n or the settlement of claims ___sing ou: of the :'orna ce c this cotact, or (3) costs .__ expenses o: this contract as to which ext ---_on has by the Comptroller i e_ Ge.^neral or ahy of his duly authorized - c --_._pati es, shall continue until such `_poea s, 1 _tige- tioe,_clai=s, or -__ _---ns .__.e been dis_osee of. IrZ NOTICE AND ASSISTOCF REGA 011?G ?." F T S_:u CO?YFIGH h, !iOE.= (1-7.103-4) (a) he `Contractor shall report to the Contracting Officer, promptly and in _easoc_acle written detail, each notice or claim of patent or copyright in::ringement based or. the e rfo nance of zcs contra-_ of the Conti_._:or has`.kno:wle ge. Co) In the event cf any claim or suit against the Government, on 2cconmt of any alleged -_t-..t or ooc::-ight infringement arising out of the performance of this contract cr cut of the use of any sunrl_es furnished o' w. -Sr__ .._ services performed =ed hereunde the Contractor shall furnish to t.._ Government, .st_'d by the Contracting Officer, all evidence and information in :o::eessioa of the Contractor pertaining to such suit or claim. Such _._d -.._e and inform -tion shat' be ,'__._-_.ed at toe expense of the Gcver._enc __.--_- .here the Contractor has agreed to indemnify the Government. L.-22 C0:P[ICT I.:Jo (1-12.204) In correction with the pe_formL.c_•or work under th_.. contract, the. contractor _-fees not to employ any raison undergoing oentence o: irpri onm_._: _::cep' .. provided by Public wC9-176, Sept -..cc; 10, 196.5(IS GS.C.402 c)(2)) and Executive Crier 11755,, - 29, 1973. L-23 _.:Z_`.. 0 v • .T:.ALT. XL-':Si_5S CO.�.._.._:S (--1.J'0-3(a)) (a) it is the policy of the Go -;e -anent as-•abedby :he Congress that a fair proportion of the purchases and contracts for spoli_., and ser- n.ees far the Government be elaced .._th scall business concerns. (b) The Contractor agrees to accomplish the maximum amount cf subcontract- ing to small business concerns that - e Contractor finds to be consistent with the efficient performance of this contract. L-24 ?:.I_E?iTT C: INTEFESi ON CO;TT?;.CT0FS' CL= (1-1.372) (a) if an appeal if filed by the contractor from a final decision of time Contracting Officer under the Disputes clause cf this contract, denyia a claim arising u dere cent. ._, simple 'interest on the amount o`_' the claim finally determinedowedby the Cove ---=.^tall aable to the Contractor. Such interest shall be at the rate de edby the Secretary of the Treasury pursuant to Public Law 92-41, S5 Stat.97,to fay... the G... the Contractor furnishes to the Contracting Officer his •.-_ ttn eat under .. e uisoLtes clause of this contract, to t_ date of (1)afinal fudg_.., eby a court or competent •)urisdicat cn , or (2) radlLng tothe Contractor of a suoplemen.,al agreement for execution __the_m. " ` onfir ing Completed n tiationS e ween• the parties or carrying our _deci: ion of a board of contact a7 mals. (b) Notvithstandin (a), above, (1) interest shall be applied only from the datepayment w s dh'e, such. date is later than. the tiling of -_al and (2)int___ shall not be paid for any period of tis that the Contract- ing officer deter _nes the Contractor has undo y delayed in _L..sui - his re_edies•b ore a board of contract appeals or a court of coaaeee_t�jur_s- diction. D-25 L7E_LiL=.17.04 OF =[.v1__': ..._LS.p ISES (1-1.1310-2(a)) (a) It is the ;policy of the Government that ±.ori business enterprises shall have yt..e a?Yi.'i:. practicable opportunity to participate in the _e.- forice of Government contracts. - (b) The Contractor agrees to use his best efforts to carry out this policy in the amid_d of his su..ca.;,.,...i.r, to the fullest exter,t consistent _ efficient performance of this contract. :.s used _a this act, the tern "minority business entero- e" --aas ._ business, least 50 Ja ^e O' is owned by minority group members or,y case o� _]i ^_- otned bus_• -Saes, at least 51 e_c__ tof the stool; of is owned by minority groupmembers. For pa_ cseio2 thisdefinition, minority group members are Negroes, Spanish-Spe_n.g _Merica^persons, 1_e:ir_. Eskimos, and :._ricsn Aleuts. Con;.-..c:.o_s rely en c.:ittea reoresentatioassubcontractorsby subcontractors regarding their sta__S as minority business enterprises _lie_ of an independent invest__tion. 11-L2 ii,,1 n -20 .t_.iORIT•i BJ.)_�. FRT-JiJ_J^S :.I2rr.'..^:�::_.-..J .': JGry (1-4-1310'.2(b) (a) he Contractor agrees to establish and conduct a urogram which'. -1, enable minority ....s_. ass enterprises defined in the clans,. ennui:' --=a "Utx--__t__.. of Minority 3usit.ssEnterprises") to be considered fair ly as subcontractors ctoand suppliers under .,.is contract. :n this connection, .... tContractor sea-_: - (1) Eesiznate _ liaison officer who will aimdnis..__ the Cont_ _ "gino-ity Business Enterprise ?roor _. (2) Provide adequate at. timely consi -=_bice of the potentialities entialit_es of .. kno-an minority us:_oo ant : _ses in all "make -or -buy" decisions. (3) Assure ^ t...... _:`o-...enterprisesbusiss enterprises will :ll --_+ a1 - =tab1_ _ opaortn ty to�cc_ --'.. torsubcontracts, t ar-_^� arl?by a_rang_ - s^' • ^"a- tions, _- ..ioCs,11ti'ie for the_ _` _a..ion of bids, quantities, srec:.__cat cons, anschedulesdeliveryschedules so asto facilitate the nmticip.toa of -- business enterprises. • (4) :-iaintain ''cords _hawing (i) procedures which have been -__-- to cc1r with the s..., forth in this clause, including the estab_is._Sent of a source list of minority business enterprises, (ii) awards to minority business _n.erprises source list, and (iii) specific __forts to identify and award c...t_o..'ts to minority business a _e.y__ses. (5) Tn..7„r._?"Ut lnf j _n___on o_ .io_ity _s_ness Enterprises" oitL•se _ins:Ibco acsubstantial%~_substantial minority business enterprise subcontracting opportunities. r (6) Cooperate with the Contracting O___.__ in any studies a^_d surveys o: the Contractor's minority business enterprises procedures and practices that the Contracting Officer nay :rota time to time conduct. (7) Su mi . ca',-io io reports o' subcontracting ac= g to __^o= _ „ business . 'J ent rr_. s ' _t to records referred to - s_ __ _ (�') Gco e, in suchsuchfor= __ __ _n at such ti=e (rot more n- ofteti._Gc"art__ )as the Contract -_g C -=ay _-s.._-_e. (b) The Contractor further agrees to insert, in any subcontract horeunderwhich day ee:ceed fi5G0,000 c_ovisions which shall conform substantially to the - uage of this clause, including this oaragrao (b), and to notify the Contracting Officer of the names of such subcontractors - L. -27 PRICE DCT:C:1 FOR DEFECTIVE COST OR PRICING DATA (1-3.314-1(o)) • If ao price, -__clud_ng pro:'__ or fe egotted in conn._,_,_.. .__a this. contract or any r_____ -., ie r_____ -ie under ..hes co --..-act was increased a signific=nt sum because. (a) The Contractor furnished cost or prici.ng data which w's not accurate, m._ current as certified in the Contractor's Ce_ '• ate of Current Cost of v -"-;^g , '31-13 (b) A dubcont..ctor, Duant tD _ clause of thio contract cat -•^i „Subcan pact Cost o: Pricing Da__ or "Subcontractor Cott or Pricing Data ..__C Adjustment" or any subcontract `. ClSLLS? t....''C_1 required, furn- ished .. ..- s ed cost or pricing data which vas not accurate, complete and Current as certified the su'ocont._,- 's Certificate cfC•_._..t Ccs.. c: Pricing • (c) A su........tracto. or prospective s_acUn w.___or furnished cost or tricing data which was ___ to be accurate complete and current and to be su•_.=_ -4 to s::p;zrt a su..cen_.a:t co:3 cost estimated .__.._shed :^y t.._ Contractor but was not accurate, comPlat_l and current as of the data certified it the Contractor's Certificate of Current Cos - or Pricing Data; or (d) •ic.. Contractor or a subcontr=ctor or pros ct._ s. -...,,.t._o_ any data, not hi:: (a), (b), or (c) above :,-_ h was n.ot accura-t_ as slit—;tt^c the price or cost s. -all be reduced accordingly and the contract shall be modified in trriting as may be necessary to reflect such reduction. However, any reduction in the contract price due to defective subcontract data of a A os_eCt_._ subcontractor when t.._ subcontract was Lori. s::.... _- ..t-. awarded to such subcontractor, will liriited the amount (plus applicable overhead and Profit ..a_3:L`o)Oy which the actu_-'su'bcont=a_' O: actual cost to the Contractor if there vas no subcontract, was less c ; the pros- •re s=_- cont_actor cost estimate submitted by the Contractor: Provided, the actual subcontract pric.e was not affect__ by defect_._ cost or ricin data. (NTE: Since t.... contract is subject to reduction _.d_.- this clause by __-_..n of defective cost or pricing data s -___thea connection certain sub - con -___t- is__ .. _ted p_ the actor =ay .._s:; to _n-, a clause in each such sub_.,._... -_t _ _ _ - the su__o._____tc r to approtriatcly Indemnify the Contractor. It is also ex: -hat any subcontractor subject to such indea,ification .ill generally require substantially sinilar indemnification for defective cost or pricing data =eauiret to be submitted by his lo::er tier subcontractors-) L-28 AUDIT An CJ_ DS (1-3.014-2) (a) General. The Contracting Officer or his _ esenta_ives shnll have the auditn d _ .. __.._ rights C_scr=.._- is tars .. __ca__ ragraphs (b), (a), am,' (.4) b-'o- (b)ExaninatiSn of costs. If this is a Cost -reimbursement type incentive, tti.oe and materials, labor hour, or price vredeterained contract, or any combination thereof, the Co -tractor shall ___,tai-, and the Contracting Officer or his representatives shall have the right to ex__n_' ook record .. d0CU _t. ao r -,otheevidence •u acco._-ns ='-te=as . pr= sU__icient t_ . _- , fle:roperlyall direct and indirect cos s ... whatever nature claimed to : have been red and anticit-t='-' to contract. Such `right to examination shall .. ,-:O^ at all reasonable times of _he Contractor's plants, cr such parts thereof, as may be engaged in the _for -..._._e ,.. this contract. (c.) Cost Or triciag data. If the Contractor submitted cos_ or pricing data in connection with the pricing of this contract or any change or mod_._.._:_.... thereto,'_ unless such brc_na. vast. based on adequate :rice coag-'' ' on, establish- ed catalog or _._.et prices of commercial -tics sold is substantial ca_;t_t'_es to the generalpublic,, or ices setby law or regulation, the Centr:cc_ g or his r.*:esentaties who arc eaolo; ees c; the United 3 ates Gov_^nment shall have the __Eht to e:i1.._.^.e all `oc%s, records, documents a.d other da _ of the Contractor related to .. ;;ot_ation, p-ici ,g or performance .. of ch co....--_- nch= or modification, t.._ ,er_ose of evaEua.ting the ntcaracy, completeness, and currency of the ccs: or pricing data submitted. Additionally, in the _as_ of pricing any ch''" $103 333 is formally advertised cont_ -_•s, the -Comptroller Confer_ o: ...... United States 07 his .____-_..t-;.i'.es .. s ar? _moloyees of the Unite= States Government .. s-_._ have such rights. its of examination shall extend to ldocumentsf documents necessary to :' set ' ..-�� _c n of .... cost os pricing datasubmitted,'along n_ h t.._ computations and projections used thele_... (d) Availability. The materials describe_ -a (b) and (c) above -hal? be ...dd_ available ...._'office of the Co._!_a_:o., at all reasonable times, for inspection audit: or reproduction until the expiratio.. of 3 years from the date of final payment under this contract _r such tire s7=^''i=d Part 1-20 o_ tte Federal ____.__.._..o ?egg_: -..ns (41 CFR ?art 1-23) and for such lot:Ler period, if any, as is y_ by applicable statute, or by other" clauses of this contract, by (1),-.d (2) below: (1) If this contract is _Jmpletely or martially=n ter_inat__ __cords relating to the :ori: shall ode available for period of 3 years from the dame o_` asy resulting ii settlere.st. (2) Records ___ _ elate to ape ala "Oise ..es" clams _ of ..his contract, or litigation he or settlement claim arising out of the Perform_.__ of is_ontract the .... _-d_ available until such appeals, litigation, or claims have bees disposed o:. (e) The Contractor shall insert a case containing all..the +_sec.^.s Of is clause, including this earay..__. (o), in all s+:.bso...._-_.sr:____.___ ex_e necessary`_- a1t _ed as necessary far identificationPer identification of the contracting _ __es and contracting officerunder the Government prime e con tract. L-29 S3C0`.:_=.AC_C? COST OR PRICI:r_ DATA (1-3.81L-3) (a) The Contractor shall r_ __r_ subcontractors hereunder to submit, actually or s- — de..t__a.1 1.. cost or Pricingto _n -_r the fol?C._ag ___.=stales: (1) Prior to the az¢ of any subcontract the amount of which is e-:-ected to exceed $100,000 when entered into; (')) ?-ior to the 'itis- cf any subcontr=act nodif ceo_o- .-=__ _n.o_.es C_jreSate ^^crews -.._for tecreases is ccss plus a?D1 'tt= profits e\: -.'r to exceed $100,000; except weer_ the price is based or adeocate price Co ;e_1- ..ic . cstaCl ishe•_ catalog orcar-:et_..commerical of co ___ ical items sold in suC- s-taa.1.._ quantities to :•-e ge..__�1 %.}.• or Prices sem by13 pr _ 3- 11-15 To) The Contractor shall require subcdntractors to certify in cuostantiar the came for that used in the c_rti:ic=:c by the prime Contractor to Government, that to e ._ y est of __r ..:.o leand c. Set•_ , the cost and oricin, datas subc•-'aace^ (a.)acave is accurate, cocclec= and' cu re..t as of the date cf agreement on the negotiated price c: the subcontractsub- contract change ..r modification.(c The oa�Cshall thi - _ (c) -_ `acsubstance-of insert the u'ne :.... c -_. a» ,.. _ <» Gs $'00,030V..._._ en- tered into excect where the thereof is base cm. a'= .. _ corpeti- tior established catalog r r market ?rices o` commerical __al ite = sold in ., _ sub- stantialquantities ... ^s a1 public,or .:ces sat by 1au•or regulation. In each such _ subcontract hereunder __yexcess of $100,CCO, the Contract- or sha11 insert the substance of the following clause. Subcontractor Cost or Pricing D_t. _-_Ce Adjustment. (a) ?arc-:'_ _ s (b) and (c) of --s clause shall _-__.__ operative only._., respect so any .. ny _odic __t__n _ode ars_-._ tn one cr more -provis_..^.s of this contract=_ ,ich involves __reg=_L_ increases and/or decreases in costs _fns anelicable expectedpro;its expected to exceed S100,000. The requirements cf this clause steal be ILcite_ to such contract modifications. 'CO The Contractor ctor s::=_ req'. i subcontractors hereunder to submit actually or by soeciftp�d=_ :hip: is n._..- s. cost o_ pricing data under t.__ folio _^g ___s..: -.-_s. (1) Prior to award of any subcontract, the amount which is e: c.,ed to exceed $100,000 'nein enterer into; (2) Prior to the pricim cf an- subcontracteggrezao^ uS_ca :n-:eidcs to increases e_nd/q_ decreases costs plus applicable Profits a pec_e- to exceed $1_00,000; exce: where the price is based on adequate ?rice co=:oeti- tioa, establis'h'ed catalog or __..et prices of co mer_ ' -tens sold i a sub- stantial ::_st._ta cuan:_ties :o the general public, or _rices set by 1a_ or __g (c) The Coa ttcr sn-11 _ su.,coz __ moors to certify, in s_bsta=ti-=11: . s- as that __ ed _n t_ ce -- -rice Contractor to - .__ Go?=^T ere Government, tothe best o: C`1e-- knowledge be_ the Cyst and 7ricimg data submitzeduncar (b) above is accurate, coaclete, and current a5 of the date of agr_ _ _ `-- -=got-7--=A tri.._ o= the su..coc___ct or subcontract dram's or codification_ (d) The Coact0^ shall insert 1hsubstance of this C_::Se,liCl.aino this par'sgraph (a) in each subcontract hereunder which exceeds $100,GC0 when en. e=ed into. L-30 ...7271.0'724E77. 07 TdE HA:.:DICAPPED (This clause. is applicable to connr___z and snbcontracts for .25J0 or ;:0'.E) (a) Th.s. Contractor 'll not disorininate against' any employee applicant for e^.. oy:.ent because of physical or ..._..::1 1._..__:7 to _.^.y Lashio^ for ...::ch t.._ employee cr ao'licant for en]io,—.ent is c:-__=_-.._. The cor.tr:.cnor _'reel to tom._ �'e.0_10 _____ma _' action to employ, __.__ in employment and otherwise .treat C:1=1.. ,.,.+.._ = ._:cn ,, ..__._C__., without discrimination_on based ;heir physic_ orl mentalhandicap in all 2ploy- folloving: • practices s::.... as the -, -' ndemotion Or - ._ _171_0 :-5.... _"_g, .._ uraasfe:, _ec: i:ze t, ac.ertisi , layoff or termination, rates of pay or other nor=s of Co=^ _5....._.. , -.d selection for training, including ap7re- • io. (b) The contrantor aoees to complywith the rules, resulations,and relevant orders oi.c..- Secretary cf Labor issued pursuant tc the Rehabilitation Act of 1973, as amerced. (c) In the event of the contractor's noncompliance with the requirements of this cl=us - acts _ s for non-compliance may be in _ ce withe rules,regulations ZC relevant o: he Secretary of Labor issued Pursuant to the (d) The Contractor-ees to post _. cons_icous maces, ;la 'o employees C any p?Li_mts for employment, notice a ;o_ no be prescribe_ hy the ^C' o: Feder_. Contract Compliance ?ror-a s, Depz_ ___.. c -her, provided.Or t:roug1 the contracting offic_ce_. Suva notices shall state the contractor's Cb_isatioa ',nee_ the ~a:; to take affirmative action to employ and advance in _ _loT. mint cuai i__ed handicapped employees and a00licaz is for employ --en„ rights o: a -_`=__sand emmloyees.- (e) The cC ractor x-11 notify eac.. _abo: union or representative of workers tC! vh_c: it. has a collo..::- -J .. _g.____. or other contract under- standing A -__ the contractor -s bound by = he ^_s o: ._ 503 o= c.__ Act andis•- cc--.. ed to take affirmative n_ ve actioto employ _._ advance -in employ- ment physically and mentally eandicapoed __d±viccals. (f) The contractor l: iii include the provisions of this clause is every s>.:t- c0a .act or _ -chars order of $2,500 or ._re unless =- ed. by rules, • •'mations, cr orders of the Secret ry of Labor iss_ed 7_ sus:it to section 503 of the Act, so that such provisions will be binding uvon each subcontractor or vendor. The contractor .ill take such action _espe .. `o any sub- contract or aahase es the D'- recto_ Q=_:r' of Federal Contract Co:: - _1:_.._e Programs, =ay direct to _.._o___ s___ provisions, _:ci:_d_ g action for noncompliance. L-31 DZ5f ... .7__7.2_NS -..;D +?'='_S C? V=__...:? ( i Cf.= ?L_ -- ^S C3 ?:i7' t CEDE.. 3F $_^,c:,o or ..v..$) (c.) The Contractor will not discriminate against an; employee or applicant for __otoao tns he or she is a veteran _an or veteran o: the VietnamVietnamera i_. regard to any position for :chic: the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to _.ploy, advance in employment,and otherwise treat qualified disabled :et -fans of the Vietnam era without discrimination bass . u,co r d_s�> li tY or veteran;status in all emoicyrIent _act -_es suc.. as the _alto ean'oy- ment upgra_ling, cerocion or transfer, recruitments, advertising, layoff or termination,___es of pay or other forms of comoensation, aad sele tion for m,_ __.1! L, including _....1Ces' _ (b) The contractor o _a_tor a5__-- that all suitable nla_ openings of the contractor -which exist at the ..=eo execution o_''this contract and those which occur dura e__v._:r_ c contract, including -.hose not generated by this contract and ._ n including those accuriogat an establishment of the contractor o_ -e_ than the one wherein the cont=act is being performed but ex^1°'^°Z= those of :depe.___..t1_y oc _ " e_ corporate affiliates, shall listed at as appropriate local1ocoffice S =_ t__ ate employment service system wherein the ateang occurs. The further a Less to rcvide suchretorts to such local office regarding -^1 o lent openings and hires as may he reauired. Stele amd Local govern_ ,m `_-icsFederal Cont_ of $10,000 or shall also listall wre__ suitable one^i.gs with ,`.._n_p e antro_ O_. O_ the - State : _ _ ': State employment ser -rices, but are not recni ed to or :de those• rew see 'forth in paragraphs (d) and (o). (e) Listing of employment o,_ gs with the employment service systemcursua.c to this clause shall .e ___ att concurrently with the use of any other' recruitment s1 _ ` :- or - and shall __solve the _no obiidatic�...s wh attach tothe ?lacing _g o_'' abona fide jos order,including the ac cn ta0Ce of referrals of veterans and-ooiet_rans. The list__- c= employmentO_enings to retie.e he contractor from amy requirements in Executive orders ar regulations regarding nondiscriminationin e=.:10;m....t. (d) The r _ _c—i----_ mar `y _ (�) Othis: clause_ -sail -_n_=.de' but not ot be 1__f._ Y'Ohic reports which __ be file_ at _east cuarterly^i'h the e anorOOriate local office or, wh_.e the contractor has more than cne hiring lac_ ion . Stage, w,tt th> contr-1o__ceof tmStatoj_,. service. Such - _ s shallimdisate each hiring 1^- n1 (1) the number of individuals h --ed during reccrtimg ___iod(2)e. 'L__ Of n0 -__-_ _ed vete -t.__ 1i_ n_. eran?___ (3)he n-____ of d_s_••t-: veterans of the Vietnam era -hired, and(1,) the total number of disabled veterans hired. The __ports should include :erect veterans __ _o. -Joy - under 33 J.S.C. 1757 The co ..� ;_:�� ..Lai.._ actorLshall sut=_t a t within 30 's„_ the end c: each retort_: pe_: d _y _fa—s-.e is._ce on this contract identifying data for e ach 1___-g location. The contractor shall maintain at each hiring location copies oI t._ repot.s submitted until the e::p_at_n ofane year aterfin0_ oa:rment under the contract, during which tine toes_ reports and }.elated documentation shall l be made c_. :l a_ fon recuest,examinationexaexaminby ationany authorized _ ea-esen- tat_ es o_'mcontractingofficer o_ Secretary._ Ecco- t tion would include _n.. m...'- records .esnect_ a Job eninys,recruitment, a- ^--..`-_-.. 11-18 (e) Whenever the contractor o contractually bound to the 1i provisions of :his clause, it ....aadvise the employment service syst_m in each State where �n.._ est^^14 ,_.._..c_ o .._-:e and location of _'c^ .... __?nitnt location in Stat_. As long as the contractor _s cop.., ,.,71y 1/Junl so these proviZions and advized the State systen, =here _s no feed to Zit-:ise tha __ate system c' conte cis. The cort__:tor may a,.. _se t.... State -. stet_ uhen _t _s no longer bound _y this Carne at , " - (_) This clause Coes not a.^ly to the listing of employment openings which occurs and are i_t 1 ed outside `...= 50 States, the District Columbia., t Gi _e -t0 Rico, Guam, and the virgin islands. (g) The _provisions of o a;raehs (o), (c), (d), e. d (e) of this clause do not apply to openings which thec0arcctoror0.osas to `__l ..o_ his c.T: organisation or to fill_s,.ant to a customary traditional employer - union h=_'1 arrangement. range-., . This 1 e::clu5 cn Goes not apply to gam's la ooeni g once an y _. employer decides to consider applicants outside of his G%.7 orzanization or employer -union 2 -_—€e --_.t for t.._ oyer. (h) As used in this clause: (1) "All suitable e=:Oloyme^t openings" includes, but isnot l=,_tsd to, o=s =^_5 ccou in the 'ollc :i - g job categories: production and .. proect_cn; *slant and office;laborersand mechanics;' supervisory and ..ons _ __ .tso C - --."...._a1 • and eucautive, administrative, z.^ professional onenings that are coutensated o- a salary ..__s of fess than :$25,000 per year. TThe ser- _n =s full =- employment, temporary e_ pl oy- i t of more than. 3 days' duration, and J._t-titre employment. _ant. _t Goes not ••+ openings which _cthe contractor poses to _'_l_ from trier ..is oto o_• to fill pursuant to a customary and traditional employer - union hiring arrangement nor otening>in .-ratio.^. ins__y___on —__ rest. =Ctea to students of that institutionan uUnder themost sco_-'at 1 i sustances a. employment coaning not be suitable .'orlist! ' including suc ,ncludi - suc situations 1:^e=e the .Peds of the Cove= _.eat cannot reasonably be ot.:er- �_se suop__ed,_T^ _ list__ g t,-orid be ^ ear• to national security, or _re the requirement of listi-g:.mould o_cen._s_ not be for t:.,. best interest of t.._ (2) "Appropriate `-ace cf he Stateemployment service system" means the lona] o''' • o' the . ____a_/St^ _' national system .._ _ _..__c . lot ett th assigned restonsibility for ser-_pgLe a area whre the employment opehi-g is to be filled, including the -t ofColumbia,�Guam, Puerto Rico, a=d t-_ Virgin islands. (3) "Openings ;rich the co..t___tor proposes to _i1? from within his ct:l organ- ization" means employment .. doe_ >s for which consideration will given to persons.ou'side.e contractor's o-; ma`t`t.'• (:-._ `y a_f..i±ares, sidiar= s, a^d the oareat companies) �_.. ._,.1 .. 's anyopenings the co_ . tractor _ro=0se5to fill from regularly establish__ ___.__ lists. (4) "Openings ,..._..., the c....-t_as:Or l proposes to fill pursuant to a customary and _ traldi ionai employer -union hiring __ _ .. tett means employment C' .. "_ which: the contractor pro-noses to til_ fro= union halls __._c.^. is part _._ the customary and tradition-- hiring re1a-_o^s:_ ...._ch e___sts b-- the co.._ -__tor and representatives c: his employees. (i) ^ c...,t_t._tor - to comply the rules, : .. __..::s, a relevant ordersthe Secret-__ of Labor issued :cis_-.._ to the Act. .11-19 (j) E. the of the contractor's horco=tl ia_.__ with the requiremens this clause actions for noncompliance may be ..._.^. 1n AccorC= with. the rn�,. altions, and relevant ordersof the Secretary of La:or issue's porsuant to tlie Act. (i.) The contractor asees 'A most in conspicuous -planes available t... employees .1:71 is=r__ r _ _ .. t_..es -.. d ..r:. a prescribed by the T>i: .. roti__ by or chro.:7h t==- contracting officer. Such .._11 state the contra -torts^ .. under t_ to take. _':e notion to e=.p1 oy and dt_'i_.ce __ _ d_oj'.. _ c"1 a J1 _d veter,ls and ...:Crinis of the -Vietnam -__ for employment, d.__ the g_ -t_ of a_olicants and employees. (1) The Contractor %:111 notary each labor union or representative of workers .with .: lic1 it has c. c0' l = • Oar E__r,__o a; cement cr other contract .�;,de_ - s.ta. ndin- that the _....._actor is Loll:.dCy terms o' the '._..t...-_ Era ! _tera:'s Readjustment -ssistar_e Act and is committed to t=ie a -__.'._-wive action to e.7LD1o7 and ad -tonne i1 employment qualified disabled .....__c=..+ and veterans o_ the Vierra. era. (11) ___e contractor lrii incl' he provisions ofthis clan: eve_, s_7- cont_act or rc. _se order of $?0,000 or more unless _ncr.pted' by rules, e '.-1a- or or::__ -I, orSecretary issue- _ _ s_.... to _ Ac= so thatsuch provisions 1i11�be biding utoa each subcontractor or vendor. _..e contractor �._.._ take such " .. with respect to _ s_ contract e ...r ose as the ''_._'tor of Office ice . _.._-. 1Contract actCo ___-ante Progr =.s may direct to enforce such rovisiods, _ncicling action for don-co=_11_..cc. 11-20 This contract, to _ 'the is of which_ chola.._-_ to which Servi Ccn:ract = 1°55, _s e=ended (41 U.S.C. 351) '.,.,lies, is subject to chc following provisions and to all other applicable provisions of the Act and regulations c. ....... Secretary of La..o. t.,_-_.... (a) Co -'pe, -,--4-71. Each c_-._.._ employ-_ _-olo•-ed in the oerformance o_' this contract by :he Contractor:y s_ c_..t___tc.r shall paid -t _ss t han the ,.±hath_-. - =._ ...._:l_ be furnished fringe beocfiisin accordance ..-;h t.._ wages and fringe its determined by the Secretary of laboror-his authorized represen:_._-:e, aa s_eeif_ed In any attachment to this contract. If there is such .. __. any class oC employees not listed therein, but is co be employed under this contract s__�' be class- ified by the contractorsoas to provide reasonable r _ cns`:io'' -..teen ,such___ __ classifications arse listed attachmsnt and shall - id between .__ - L �y 'tar, r.=>>$ �.d furnished .-:•.;. fringe ;-,fie- are ale:__...__._- "_---__..t of it - ar vi. all �'. enderba - c _ink .. the the interest S.. via ���$, .. o .^.-._ e � ... to _ ..... `.) _._=�._. agency, contract..and . d t employees who a oil the othe cont act or .heir represen- tatives. _ _ ___..- tat .es.1 If the interestedes do not agree on a classification on-reclass- ification^is, in fact, a - co^'c_-eons, contrasting officer s^__l -u-- t the question, toet___ with .is recommendation, -Office of Government Contract liege Standards, .2"e and Hour Division n7_7ym_1:Standards =^__": lstrrt_oo (ESP..), of the De3artment of ia'cr ib_ -_.al deter --nation. Failure to pay such _^side_- the co ---'T ..-re=ed upon Late rest —_t._s partisheLl es ordetermined_i.ly determined & =4nist__to- or this a� ._____ representative beviolation of this contract. No emoloyee engaged in ___forming work o_^_ this contract shall in any event be .. . less ti,. t_ . wage - _ ch _-fil`___- section 6(a)(1) of theFair Labor •Standards Act of 1935, as c:ended. . (b) Adjustment. t as , uthC..e..nd ❑_s_= t to section -!(d) of the Service Contract Act of 1;65 as __z___ the tern of t is..>than 1 year, ._ the minim_monetarywages and __ be benefits required to _ paido furnished thereunder to service e o o yes _._ll be subject to adjusttent ante_ 1 year an no less often than cnce every 2 ears, a s'`.: to wage determinations to be issued by the 11=pT_O jaant Standards :_->'atiCn of the Department of Labor as orcv cad _'l -s- h Act. (c) Obligation to =tun__h a_" e benefits. The Contractor o: subcontractor may discharge the obiigat_o.. to _._.: sn fringe be-c_ias soeeif ied in the attachment or determined ......_-_ma- _thereto _ -_.. _. _ y >n .. _.arc. combinations of fringe .,en or by - _ _ ai �e tiJ differential cash in accord atoli_ab e rules set forth in 29 CPR Far: a4,Subparts 3e_d C, and not ot^er:r se. (d) iia'=zn Wage. In the absence of a minim=wage arta,_-_nt for this contract, neither the Contractor no. any subcontractor under ___ t :is C....�_a..1. shall pay any ofT hi e.".J_o .. es - _ 07ttondo:-contract c.. (_e_-- ess of whetherthey are sem'oice employees) c ,.-.e_1` .e . __. specified by section 6(a)(1) of t.__ _a__ Labor Standards Act of 1933.' Nothing "- t•-- provision shall r_- l � the Contractor o= • -,. ^ cto of+obligation'er �eT.-e't.._ .�.; that_ �.� .__ Ota LC.._ law or contact for the payment of a hie:wag_ to any _-lnye_. 11-21 1 Or contracts. as (e) etzi�cCians attributable to p�e^�•-�,-.. -- �. contract succeeds a contract, subject to the Service Con.tract Act of 19t5, under which s.....,t_..t___ly the s_..._ ser- vices core fes_.__.._- and -_.vice employees were paid •.ages and frage c_.___ --`o Provided for _n _ collective ,._r cn_ - arree- _n in.._ __s_....- o= a .. ._.._-_m wage attach-snt�for thin - Contractor ..coatraoicor this contract neither the r ^�- i�L�_`,^��.,` _ P?. :v"' -::n ' Oi'the contracts a_ pay an; service ye' - contras-. work less than the wages and -- - 3e benefit:, --, provided for is suchcollective bargaining agree- to such employ=-_ ould be entitled __ no oyed under the _-_ece sou contract, including accrued :ages and _crone-bene:iu-- `— ProsoeCti':_ increase in wages and _-_ - _ benefits _o:_Ced ..+- Under such agre_= _: t. :b Contractor or subcontractor under, nay --_-e':e1 :o - :moo=e=oing obi:__'.sion unless this contract o _s o? a eo'-eseztat- _ deter- L.^.e$�CreC_ �r O_` Lam_ __ _-.. _ _ . __nes -_ the collective5'-"-ng agree=ent apoiic -ic t.. service employees employed under t.._ pr_..-_esso_ con___... ,.as enters• into aslz result ns -leo negotiations, or not --- _: haLabor finds, after a he.ring a5 ���•_�--d -= Department C -.. reEalations, 29 CFR �a.1O, that the l:ages and fringe beaeiits provided for in such agrpenenn are substantially at vara_.__ with those ;._-_a pre'. -ail for services of a character s_==lar =__ ,.a_ locality. (f) Notification to eao_oyees. The Contractor a^_ any sub- contractor under _'ais contract shall notify (-lob sercice .--- hoe comm=. :ark on this co:tri=Vof monetary wage and eay ---_�benefits .ecce_ed to be paid pursuant to this contract, • or shall post a notice of such .ages ani benefits in •'-- prsminent and accessible ^l=.._ the worksite, using such poster as ray beIlrovided by the De__tt__t of Labor. (g) Safe and sanitary `r.are.__- conditions. Contractor 'or sL'bcoat shall ..-t pe^_- any oart o; the service `ole-- for . by this contact e it �u_dihzsoo surround_t_s or under . :'___ g contract providedby`o ode- control or supervision of -a_• Contractor or subcontractor -c-'- are unsanitary or hazardous or dnnsero'ur to .._ health orb safety of service employees shallGE. ese sa^:ices, an = =e Contractor or sao__-...-actor shs-cn o l`j furnish these he safety and hen tb standards app; an under 29 _ CFR 7a, t 1925. (h) Records. The Contractor a a each subcontractor 'forming work . subect to �.c.. s___ arae and _ ieta'_.. for _ from the coag. tiO' o_-t`.o-. va. s containing 'the _'_formation s_1 _eci=ie.i (1) t ` (5) of this - ``o_ each -'-loyee in raphs subject to�the ander shin ==._ t.ei Lv ;.ab_ for 3 treal= "o" -e`L representatives o: the. J'lo)__..- Stand- ards�Ad=in_zt_ation by authorized of the U.S. Department of Labor. (1) :is r.,=e and address. • 11=22 e 2) !Flo .or'+: cla-.,...__a`-1oh o_ classifications, _.ns, r to or rat of r..o:__ ry ',ages araC ' .. fringe __-fits provided, rate or rates of fringe_ payments ___=athereof, .. , a_ total daily and wooly per.ca-. tion. (3) His •- and- s.. '=J:'f• () Any deductions, rebates, refunds _..ds ..is total daily or _e _._y (5) A 1's` of monetary wages and fringe benefits :or those clases of ^l. attachment to this service __..l'J-r:_'-'• __.... -__ ..:__ in �.... minimum n33= •---�"1-r: been contracts, but for s'-_.. .._ rates o: =r_ benefits determined by interested _ ___s -or -' ' e'^c_-^--t-___r or -s . - ? ; en _-_____ to ;:._v Labor Standards ..'_arse _-_ _ _ authorized representative th c_--_'_e._A,_opy of ort required =)(i.) o: this this _ _ s.._.._ be de_._'a ton bee such a' 1ii_s-vr. (i) Uit.:hol in_ C. oayment and t___._..c___n of co. -,tract. The Contacting Officer ,llwithhold r ^ or .-___ to be .__hhel d from ro t__ Covera -e -t ?rine Cont_._under thisor a:: ether Government contract with the ?rime Co n - tr cforsuch _=sashe,o_ __ appropriate oi`l, of the Department C`. decides.7.,....c=r7 to Pay underpaid employees. Additionally, , a - _ _ __ _ y ___e _ __ __ or ..l . se _ el =t'n5 to t . ..j - ,l. - C^, ply -- -_ .. _".. �.._o ....suit. .. .Ca of the'right S__.___ Co__".___ Act ..= 5 -ay -� bio'�_ds for t__-__. _ _ L _ "_ suchevent, the �Cover.__e__ may enter with contrtct ,or%. In the into -other contracts or a.__ ____nes for completion of the vort, charging Cent.cute; i.. Re=;-_: wish any3d^ _i^oa cost. (3)t.__Tactor agrees co i -se- this clause elating - ^ t l p all subcontracts. to "C_..+ - t0 the Ser:-ice^Cont T?C`. The�•.__ __ r7 i is as Used this clause i.. - any subcontract, shall be deemed to refer to the subcontractor except in the _e__ C_.o_.___.t P___.. Contractor". oS__-'^_ As used - `.._s clause relating to the Service Contract Act of 1 ) Service _ n ser'.= _ __71.,yee =e=as n. ers0:;'enag__ 1965,as the te-- ter to :_ United VSt_..es a: is the performance of arc__._____ entered -- h d. not - - - zhe e4ct1= e_ OTS_ -•e-" , e - _^.r ex__ "__ underh-- -..-�_ __ the ^U._t..States-(oto _ a. r es in er- rise of :hl: furnish - t re administrative, Or professional capac- . son ity, employed in a soar fide -•--t"'l' 5!,,l`^ Title Codof Federal =2a'--a- it:- as those terms ._ejde`=__ t o_- T_ 9, _'. �l -1 6, _-,. any sdbse^_ent revision of those'_eoci ,ors); tiehs, as of July 30, _9S - = � nl� and shall inclyd_.all such __so -^-s -eg=--ass of _= contract-_? `oas-p it to a w_t__CtCr cr subcont_a_tor and such 'persons:+. (1) " l' - following _ _ classes of service employees CS e:�=ec -ed The __ v._t•t - c. e_.__er_ ::o"?_ be subject, tobe employed L_::ar .._e a.__._-- _ .__ U.S.C_ 53t1 or 533' - co contracting = agency, to he provisions of 5 e�'_o ed by the „" • _-en i _ following '--=5 c= _ayes and would, if 'so employed, red, _e=S=id not less t.,a-. and fringe its: aapleyee class. Ibnetary Wage - Fringe Benefits. Clerical 11-23 (;) Contractor's -report. (1) If there is a wace determination t.c._......t this cor.tr..ct and or.0 o: ,-.or_ c'_'.oses GC ccr?ice employees which are not lisped thereon are to ✓^. n _yed under t.._ co.._..._ __ Coetractdr -a11 .. report to l the Con.___- ^ C:.icc.- he -oret^ry y to cc paid and, he .r_ C ._ ene_ s t be`provided ced se_.. class class of ::cert__ _-^t ogee. Such ream shall .._ -ly Cc soon s such compensation has been deter- mined, as provide in para ::h (a) of this clause. (2) if wazes zo paid -- or >.. _.. _ t._...shed any service ^nloyedbythe Co-n1er -. ?r_c Contractor or any � a. -actor underncon: _re provided for bargaining collective b- -'__ng it ch_.which..-_is or .i_1 e ' i effective during ger in which he con: -act is be_-- performed, the' t. t Government or_ Contractorshall report such fact to the ContractingOtfi___ gethe" with full _.__o—.. -_on to the a-pLic_t`_oaccrual' and __cruosun «ages and f='_ be._ __clud.? - any cres,^,r,._ increases, toy service _loge_ engaged _.. -:or_ ..n the contract, and _ cony o' the collective bargainingagreement. Such report shall be rode p n commencinc oerformance of the contract, the case of cc=1e_.._bargaining agreements effective at sue.^. and in the case of such = e_z_nts ..or cr._a_cns o_. amendmentso .t at a late- tints during the er:oc of contra_- _.o^.. __-, such___encs s-___ ported '_T ac..-_ peg: ration thereof. (n) Regulations s incortoratcd by reference. All .interpretations o: the Service Contract "et of 1965 expressed in 29 CS? ?art 4, Sitcom r, are here , _nccr_orat_ ,by r..-___..__ in this cont=act. (0) E._aotions. This class relating to t__ --_ Contrant Act of 1965 shall net aoply to the following: (1) Any contract of the United States or o" Columbia for construction, alteration, and/or repair, including ?_int- n3 and decorating of public building or public.or;s. (2) Any worked required to be co. .. i_ _cortincs t i _ _rowisiens of the Va'_sa:ealeyPubliic Contracts Act (49 Stat. 2036); (3) Amy contract for the carriageof freight cr personnel " vessel air - Plan :vu's- trunk, eX^ e-- railway -oil cr gas pipeline where publish d tariff rates are in ewhere _re s__.. cep-_- to rates covered by section 22o_ =state Commerce Act; (k) ` . contract for .h_ :u^r _s ing of Se= _c- telephone, ele:hon telegraph, orcable conaanies,�subject to the Cor'=.=ications Ac..o± 143''-;� - Any con.___., fer public utility services, including electric eight and :31rer , water, .tri=, .._d s ; (5) (6) (7) Any e-ploy-ent contract providing by an individual or individuals; Any contract with the Post Office priaci_el purpose of which is for services to _ Federal agency De 5e n- ne (U.S. Postage Sete__') the ooeration of .,t:_ contract stations; 11-24 (6) Any scrv`_ces •tto be furnished outside the United Sta:e. ?cM gcogr :c pe rposos, thp "United States" is defined in Q.n ion 6(d) of the Ser -lice Cor:.act .-_t to _. cl'_d_ :ay stat_ of the United States =.__ District of Col-.....,_-, Puerto Rico,the Lands,'. -_J _. islands. Outer Shelf _-'-, -,-- --ei---he tCuter Co: Continental Shelf .._ AmericanS:= Samoa, Gua., Isla.. Atoll, Kvaja_t_.. Atoll, and uohnsson Island. Goes not include a.^.1 oth__... t__._tory un__ the jurisdiction __tion of the United Stares or any United States ..___e cr Ossessic.. _-t_____ a foregin country; , (9) .Any of the `olioing cont==pts p ed from all provisions of Service Contract 4c: of 1965, tosectian l:(b) of 'ct which exemptions the Se Ivry o: Labor, prior to amend- ment e;'t- rcnt osuch section by ..:blip Law' 92- ;3, foumd to be necessary an-inprop-_ _ the publicinterest or to avoid serious i of`• ta conduct o? Co ern._. t business. (i) Cont=acts _.tette into by the United States with common ._ the ._ carriage o` ail by __? ai_(excec air star routes), bus, and ocean vessel, where such._ __age is _:o;' et on regularly sc^_=Led .=_s of the t_aio ,ai --tc-_.c bus_ _n1 vessels over ___ -rly est__ -_she.'. routes anti __counts for. -._ - insubstantial portion of the __._nue therefrom; (11) °^.y contract entered intoby the V.S. Postal Service with am tdiv-Y-,, o'..r er-operator for nail service where it is not contemplated at the t=_ the contract is ma.de that s::_-^_ o..?:__ _ oterator will .._ _ _: y seri ice ='7_oyse to p rfsr= the services under the contract _;:cepa for short periods of vacation time or for unexpected contingencies or emergency situations such as illness or accident. (p) Special entloyees tastanc_tg any of the provisions in ' _a5.__ s (b) through (1) of th_ts clause, relating to t.... Service C..7..tr~Ct :_t of 1965, t.._ following employees may be employed in accord_.._.. wdth the fol'ouing var__t_..ns tolerajces and exemptions, which the Secretary of Labor, , -_at to 4(o) of the t prior to_ts -- ement by?u Public La_ 92-'';i3, iou c! to be necessary and r in t_ -.:bl Interest or to avoid serious _p __=.dist o- tate conduct of Government business: (1) (i) A^upre^tic=s, s'..aent-lea--eers, and worker _:voce earning capacity is iasairei by age, physical, or mental deficiency or =j•ry r. -.ay be en?icyed at ..ages lower thartce =iz_cn .ages ct`er - __ section 2(_)('_) or 2(b)(1) ._ o= t_ Se.-___ Contract ` ee Act o:bt), ._t:5Lt diminishing any fringe benefits cr cashpay- ments in __ea thereof required under section 2(a)(2) c. that Act, in accordance .._t.. the procedures prescribed for the _'sloe. ..t of d stut-t el _ , C, ..e ;sc s, and ..^.dc; ?9ed ..' clients of sheltered workshops 1_^et section _-._ 1y o_ tFair Laho -- tc;. Staar s tof. '1935, in the regulations issue_ by the Administrator. 11-25 L-33 (ii) The Ad:minis for will cc .icascs seer=c_ Contract Act of 19G5 :or the _nployme .t _::student - learners • st__....- lear.._rs,handica n sheltered'or handicapped clients of sheltered ,, r �:oi_7C not subject to the Fair .,_.or of 1933, Cr subject to diffreat .. -__- n rotes . pay =.d: the �... act' horn__ _'oe __t_ rates of 'e_..—__ =ages (__ _ -_ inG _______.__._s concerninr fringe benefits or sdppleentory cash p_ypento _n lieu thereof), at ., __ _ _ ___.._•es _.._. __ed the _D a'. ._... _ �1a..under_c.s issued undthe er Labor 5:.•^_Actn=_._s � of 1933y(29 C73 ?arts 520, 521, 524, and 525); (111) The Administrator .... will _ll _iso withdraw,annual, cancel ssuch certificates iaccordance__cordaCe with the resu atio:_s, __. ?art 525 and 528 o: - . =9 of the Cad= o: ,_..e -al ._g+•?at?ons. (2) An employee e:rai_ in an C_ _,.20^ inruhich he. c!Ss:c-aril' and regularly m . ece_.es.or_ . $20 _a - to intips may =._ the ssr. wage amount c_his tips credited by his er.ployer against t___ - __sectionrequire: section 2(a)(1) section 2(b)(1) o= the _: accord- ance e:_th t.._ resulations in 29 Ce3 ?alt 531: Provided, ..s.c._r, That the =tint t of such c'-' �!' may not exceed 80 ceats per hour. 0: C.... __ ACTC? ( 1-10.303) (a) Rest a_,_lity forGovernment property. cont.-.__._ 2.52=e5..iz :esponsibili:y :or and shall -inde=niry t.._ C ,__.tee._: for any ant all loss of cr damage whatsoever kind and nature to any and all Co•:err. ant proper- ty, including ro _- includns a__ __ lies, accessories, or parts _'+ e. in __she while his =rodr and for - - cr services :o __ per - forced _ -_o_-_- e_:___ .._ terms of this contract, inresulting _ hole or in part from the ooli-_ .t acts of onissicas , contractor, arta subcontractor, or any employee, ase;t or representative o' contractor or subcontractor. (b) Eold•-°ass and=._-_._____t_o_ agreement. -. _ centra_`_cr shall save and hold hornless and indemnify the Croven=_.._._ against_ and all iabi__ , - clan_, and c_sts of whatsoever nor ,_ _-jury to cr death o` an ._.... ___so..` an for loss and s to ane! 2- `t occur._ im V^ !e_' s - - cf t fir...._` cy CC_.__�_0: �=o_ 0: _.. any'way incident to C_' 2: _�_ ...._ e.._ , use, service, _c_, o:_. _t_.,: s, or performance o: ender the terms of this contract resulting in ..hole or nv- ...e negligentacts cam -salons .... of contractor, `.d subcontractor, oranagent10yee, agent Orrepresentative of contractor or suhco nt_ector. (c) Caoage to Government prone -y from causes other than C.,_._= 'or'S osg i encs. a:t^i:g in the above caragraoh shall be considered to Government pre- clude the teernment .-0 receiving t__ benefits of insurance _.__ contractor may carry which provides _Cr indemnification for any loss or' dest_1ctico o= or d2 as-- torot in _ custody and ca__ of the con, ctc here � s _h loss, de true_., o. d=maze is to GC•.e..ment property. The contractor sh=thins ` to _ _..e Government's __ t recover _.... against _rd^ - .ries' • -__loss, destruction of, o. t—_ _ to �' C9__._._^en property, .. _._ - --;ha _ ._ _est of t_ g shall, at theC-ove_.__'n. s __ expense, furnish to the C:._r.ant ail reasonable . assistance and cocueration (i .c!_a.__- asisc_:__ in the prosecution of suit add the ex' • ass_g in .c_ of the Gcvc:=-••t) in o; c recovery. 11-26 1;-31: 07.L,.CR ,...... (1_1.8053A) (The follociag clause is aoplicnble if this contract exceeds .10,000. ) (a) -01_ _ o: the Go':_....._.._ :o to labor s: ^1:.s area con:.._ns that a;re. to Cor-...- -" labor surplusareas, , aa^_rc this c_.n be done -c• efficient_- -„_- of ...e - - o.n.- _a4• a se co::- contract _ _� erica:, '� Pima __ ...: .. are .�_.._ _.- __-_ .Pimm _. _.._ rector aor es' to use his .._a.. -'-o-" to -1--`_ his ouii_no.^.t__e_s in accord- ance With L.__o o01: (b) In co -?lytta h C=ta_(a_) -o: _this __s clause and _ :ra (c) Of the clause C:L11s contract ^Ll`lr: .t1jsa:il o: Small usine.s Concerns," _ the Contractor . ]Lein subcontracts ubs ntrac_s sh ll observethe following order o' orc'e__nce., : (1) a_._1 buS__oscouce_r.S that are lab_cr ='_roles __e._ concerns, small(2) other si_1 business ��_... c__.5, (2)' other labor sl'_`7:.:1s area concerns. (C)(i) T_e:__:: ata or s1�Y'?i:.S area" bans a 5_oy^_'2o�-:.'__ =I identified .. the 0...i❑..tY of __c2_ as a. of ' -- 'o nempl. --.L - ='i- r..eat ora.. arca o: =acct sur:1:.s. - ;2) The term "labor surolcs area concern" means a coac_r-,t_.at tog=_..__ itsfirst _ tiersubccntractors will perform labor surplus areas. (3) _._ t__.._ 'perform s:ba;.a._ a labor snr7l,:s area" -:ears that the urred CO CO of __ _ _ _ cr a:.oro _. costs bor` surol- - s .5J::-__`• ^o- C.._• contract price. is1. __a ____a _Pimm__ __ __._ • L-35 CLI.AU AIR =;1D ',ius:? (1-123 .) (Agolicabl_ only if the contract ___ ='_ .S1,0,000 or t,e coatract.g has det__-_oe d that C_ _.._ L...__ an indefinite c_ Pimm . - contract .act in any oneyear .:_?i encee=Y $100,CCG, - .a" .. �'t_ to e _ ed :as been the ;object of a conviction the Clean Air 'act (L2 U.E.C. 195Tc-6(c)(1)) or th.e Federal Water Pollution Control (33 U.S.C. 1319(c) and is listed by EPA, or the contract is not ote_-_se _.. .) '- - (a) The C _o_ arses as fo1'c::s: (1) To ..o.o1 w_ .. .' the ro.:r__ents of section 11l' cf the C?ea1 Air Act,^ as =ended 042 U.S.C1 1657, et sec., as .-ended by Pub. L. 91-604) _.d section 303 of the Federal Wacer _ 11 Contro_ Act •(33 U.S.C. 1251 _u seq., as —__.__a _ L.92-500), e1-. Islat_ i .......__..r_ - r _ _C- an_n__-..._.._Cn, as well �as^other `r __-_1ts s�-'••'�.a" ''_ section '1_ and section - - - -_�el� , and - ods 308 O: the .1_ Act ....._. .._ ���-___ .�� _ _ _ .. all_ _-_ C:t g"a.s1' es issued thereunder __.o__ the award of this c....;rac:. (2) That no po1`_cn of the -or=- reocired by zhis contract will __ _form,._ in a fa -"''y listed Environmental Protect_..- -..gen. cy List of Viol_t_ _..^___ties on the daze when contract was -war_.._ urn ess and until the E? eliminates the name of sue. ' l ",. or facili- ties fro= s _. 11-2i (3) To use his ..est __-.,_ss to comply with clean air standards and clean water standards at th _ac_ --::r in .::!:_h the contract is ..e; ^ .-c,•-.ad. (,)o insert sl:jst_.._o o. t.-` provisions ofthis clause _o.^.=j ..-_ exempt sucontrac , _.- ; c.._aparagraph (s-)(4). . (b) The terms used in this _--..s_ following meanings: (1)The ... tea"Air ^ n. meathe Cls Air__ ACal, as amended (! J.J.C. i 57 _s seq., as amended, by Pub. L. 91-604). ._ (2) The Warer emeans Federal Tater Pollution Control Act, as _ended (33 U.S.C. 1251 seq., asae ended by Pub. L. 92-500). , (3) .The mer "C___- air standards" __n5 any enforceable jlo :1�__tions, guidelines, standards, limitations, orders, controls prohio_t_..-s, or other _eL`a_e_me is which are contained in, issued under, or of e -r 3e adopted pur- suant to the .4i_ Act or Executive Order 11738, and 1 a ie amt on plan as described in section 110(d) of the Clea:: Air Act (1t2 U.S.C. 1857c -5(d)), an approved imo1e_entation procedure or D_lan under section 111(c) or section ii (d), respectively, of the Air Act (42 U.S.C. 1357c -6(c) or (d)), or an dnproved implementation rocedur'e under section 112(d) of the Air Act (42 U.S.C. 1357c -7(d)). (:) The term "clean water standards" eons any enforceable limitation, control, condition, Drohijitio_l, standard, or other require._.,. which is promil&at_d 7'_suani to the ..ate_ Act Cr contained. in a issued to a disc: arae_ _ he eAgency Protection g_a.c'jor by a State underan approved program,, as authorized by section 402 c`the Water Act (33 J.S.C. 1342), or jy local government to ensure compliance ;n_th pretreatment regulations as required by section 307 of the Water et (33 U.S.C. 1317). (5) Theoa_._ "comgli__ .mr_ means compliance -th clean air or :rater :a_. -__-s. Ccmpliaaceshall also mean co=oli_nce with a sched`e or plan ordered c: a_:roved by a court of competent jurisdiction, the Environmental Protection Agency or an air or .rater Dilution control agency in accordance with ;he require- ments _ __e- m_: is of the . .'-act or Water _act and regulations issued Persant thereto. - (6) The term _a__ -__y means any building, Plan, installation, structure, vessel or other :_'-Dat: ng cr.'__`t, location, or site o' operations, oma"?ed, leased, or supervise: by a contractor or subcontractor, to he utilized in the Der for.^_ance of a contract or subcontract. Where a location or site of czerations contains or includes more one building plans ir.stnllation, or structure - she __re location or.site shall be deemed to be a facility J exce her e th_...e Director, .Office ofFederal sctivifi , nviro me..nt ?rotec- tion.Agency, determines that independent facilities are collocated in one geographical area. 11-23 APPROPRIATION DATA SHEET Corpus Christi CONTRACT IQUMHER: 0/5010/0050 CONTRACTOR NAME: Accounting and Appropriation Data Request for pay=ments other than as scheduled will be condiered and allowed where warranted by progress made or necessitated by FDP Agency budgetary concerns and approval by the EEOC District Director. Standard Form 1034•must be filed to obtain each payment. ACCOUNTING DATA: 4500100 APPROPRIATION DATA: 0/5010/4102 PAYMENT SCHEDULE AMOUNT $6,125.00 November 15, 1979 $ 6,125.00 February 15, 1980 $6,125.00 May 15, 1980 August 15, 1980 TOTAL PRICE $ 2)1,500.00 l,• Corpus Christi, xas .41 day of S , 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. The Charter rule was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky Respectfully, 4, MA' 0fi THE TY OF CORPUS CHRISTI, TEXAS suspended by the following was passed vote: by the following vote: 15189