SPECIFICATION AND BID FORMS

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP86-01019R000100250001-7
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
221
Document Creation Date: 
December 14, 2016
Document Release Date: 
February 5, 2003
Sequence Number: 
1
Case Number: 
Publication Date: 
January 1, 1977
Content Type: 
FORM
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PDF icon CIA-RDP86-01019R000100250001-7.pdf10.99 MB
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.;;1. Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 AffMk ISphooik\ Arimmhal.1.1111:4Atiii? ?NC.14.. GENERAL SERVICES ADMINISTRATION .1:( V, SPECIFICATION AND BID FORMS PROJECT PROJECT NO. EROOF REPLACEMENT, SW WING CIA HEADQUARTERS BUILDING MC LEAN, VA T -1 VOLUME I OF II CONTRACT NO. , Gs- 0313-63544 GENERAL SERVICES ADMINISTRATION Public Buildings Service Approved For Release 2003/04/29 : CIA-RDP86-01019R00010025000'M'A AFun6 1118 Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 Available Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 GENERAL SERVICES ADMINISTRATION ApprovRILIF8MMERW2003/04/29 : CIA TITLE PAGE-SPECIFICATION (CONSTRUCTION CONTRACT) REFERENCE RDP8OL01019R000100250001-7 2. PROJECT NO,* 3, CONTRACT NO. GS-03B-63544 _ 4. DATE OF INVITATION JAN 2C1977 5. PROJECT TITLE AND LOCATION Roof Replacement, Southwest Wing CIA Headquarters Building, McLean, Virginia [I]CONSTRUCTION REPAIR& IMPROVEMENT 7, ISSUING OFFICE (Address, room, and tdephone No.) GENERAL SERVICES ADMINISTRATION PUBLIC BUILDINGS SERVICE** Contract Services Branch, 3POC 7th and 0 Streets, SW. Washington, DC 20407 Telephone (202) 472-1033 6, BIDS TO BE OPENED Bids will be opened 1:30 P M. local time at place of bid opening, on 19/1_ FEB 24 19? BID DOCUMENTS The Specifications and Drawings, for which a refundable deposit has been made, shall be returned without marks, notes or mutilations, within 20 days after the Bid Opening date. 8. EXPLANATION TO BIDDERS: Requests for clarification or interpretations of bid documents must be submitted in "Sufficient Time" (which, for the purposes of this Invita- tion, shall mean not less than calendar days prior to date for receipt of bids) and in accord- ance with requirements of Standard Form 22, In- structions to Bidders, and modifications thereto. 9. REQUESTS FOR CLARIFICATION OR INTERPRETATION OF BID DOCU- MENTS PRIOR TO DATE OF BID OPENING SHOULD BE ADDRESSED TO: General Services Administration** Public Buildings Service Room 7065-B - ROB 7th and D Streets, SW Washington, D.C. 20407 Attention: Mr. J C. Falls, Chief SPECIAL NOTICE: Special attention is called to the "Labor Standards for rations of apprentices and trainees of journeymen of Federal or Federally assisted Construction" issued by the Secretary of Labor in amendments to 29CR part 5, and new 29CRF, Par 5a in 35FR-16673 of December 9, 1970, and 36Fr-19305 of October 2, 1971. GSA DC 72-789 *Invitatio eiveci.ForRetleas*.2003/04/29 : CIA-RDP86-01019R0001002500068A FORM 1746 (Rev. 5-7)) **Include 4AWIde. Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 SPECIAL NOTICE Failure to bid or acknowledge receipt of this invitation under separate cover will result :in removal of your firm from bidders mailing list for this type service. All bidders must comply to "Safety and Health Regulations-for Construction" (29 Code of Federal Regulation, Part 1928). Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 NOTICE OF TOTAL SMALL Bumws SET-ASIDE Restriction Bids or proposals under this procurement are solicited from small business concerns only and this procurement is to be awarded only to one or more small business concerns. This action is based on a deter- mination by the Contracting Officer, alone or in conjunction with a repre- sentative of the Small Business Administration, that it is in the interest of maintaining or mobilizing the Nation's full productive capacity in the interest, of war Or national defense programs, or in the interest of assuring that a fair proportion of Government procurement is placed with small busi- ness concerns. Bids or proposals received from firms which are not small business concerns shall be considered nonresponsive. (b) Definition. In connection with invitations to bid on a contract for con- struction, alteration or repair (including painting and decorating) of a building or buildings, a "small business concern" is a concern, including Its affiliates, which (a) is independently owned and operated, (b) is not dominant in the field of operation in which it is bidding on Government contracts, and (c) had average annual receipts for the preceding three fiscal years not exceeding $12,000,000, unless a different criterion is applicable as shown in Item 1, Standard Form 19-B. GSA-WASH DC 76-9239 Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 PAYMENT OF INTEREST OF CONTRACTORS' CLAIMS (a) if an appeal if filed by the Contractor from a final decision of the Contracting Officer under the disputes clause of this contract, denying a claim arising under the contract, simple interest in the amount of the claim finally determined owed by the Government shall be payable to the Contractor. Such interest shall be at the rate de- termined by the Secretary of the Treasury pursuant to Public Law 92-41, 85 Stat. 97, from the date the Contractor furnishes to the Contracting Officer his written'appeal under the disputes clause of this contract, to the date of (1) a final judgement by a court of competent jurisdic- tion, or (2) mailing to the Contractor of a supplemental agreement for execution either confirming completed negotiations between the parties or carrying out a decision of a board of contract appears. . (0 Notwithstanding (a), above, (1) interest shall be applied only from the date payment was due, if such date is later than the filing of appeal, and (2) interest shall not be paid for any period of time that the Contracting Officer determines the Contractor has unduly de- layed in pursuing his remedies before a board of contract appeals or a court of competent jurisdiction. Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 SPECIAL NOIE War on Poverty, In support of the Nation's War on Poverty, your firm may be interested in the availability of qualified employees through the Job Corps in these progran.s; it will be helping the War on Poverty. If you are interested and. desire details, please write to the Placement Division, Job Corps, Office of Economic Opportunity, Washington, D.C. 20506, or to "JOBS", Neighborhood Youth Corps, U.S. Department of Labor, Washington, D.C. 20036. - THIS ES NOT A CONTRACT REQUIREMENT. Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 ? Approved Fin. Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 EMPLOYMENT OF THE HANDICAPPED (a) The Contractor will not discriminate against any employee or applicant for employment because of the physical or mental handicap in regard to any positions for which the employee or applicant for employ- ment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, Public Law 91-604) and Section 308 of the Federal Water Pollution Con- trol Act (33 U.S.C. 1251, et seq., as amended by Public Law 92-500), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this contract. (2) That no portion of the work required by this prime con- tract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing. (3) To use his best efforts to comply with clean air stand- ards and clean water standards at the facilities in which the contract is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt subcontract, including this paragraph (a)(4). (b) The terms used in this clause have the following meanings: (1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Public Law 91-604). (2) The term "Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Public Law 92-500). (3) The term "clean air standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohi- bitions, or other: requirements which are contained in, issueclunder, or otherwise adopted pursuant to the Air Act of Executive Order 11738, an ap- plicable implementation plan as described in Section 110(d) of the Clean Air Act (42 U.S.C. 1857c-5(d)), an approved implementation procedure or plan undet Section 111(c) or Section 111(d) respectively, of the Air Act (42 18h7c-64) or oek an nyvilhhp 39tiffk ( 900100250001-7 rog?19rfirgpitAtJ.gp procedure under Sectionti9IaT Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 CLEAN AIR AND WATER CERTIFICATION ihc bidder or offeror certifies as follows: (A) ,(r/ facility to be utilized in the performance of this proposed ,c.itract has ( ) has not ( ) been listed on the Environmental Protection :",iency list of violating facilities. (A) He will promptly notify the contracting officer, prior to award, ei the receipt of any Communication from the Director, Office of Federal ivities, U.S. Environmental Protection Agency, indicating that any facii- [lies which he proposes to use for the performance of the contract is under consideration to be listed on the EPA list of violating facilities. (C) He will include substantially this certifications, including this paragraph (c), in every non-exempt subcontract. GEDAN AIR AND WATER CLAUSE (in addition to paragraph 17, GENERAL PROViSiONS): (Applicable only if the contract exceeds $100,000, or the contracting officer his determined that the orders under an indefinite quantity contract in any year will exceed $100,000, or a facility to be used has beet: the subject a conviction under the Clean Air- Act (42 U.S.C. 1857C-8(c)(1) or the Federal. Valor Pollution Control Act (33 U.S.C. 1319 (c) and is listed by EPA, or the cc)ntract is not otherwise exempt). (A) The Contractor Agrees As Follows: (I) To comply With all the requirements of Section 114, of the Clean Air Act, as amended (42 U.S.C. 1857, et seq., as amended by Public Law 91.-604) and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251, amended by Public Law 92-500), respectively, relating to inspection, monitor- ing, entry, reports, and information, as well as other .requirements specified ia Section i1.4 and Section 303 of the Air Act and the Water Act-, reEpectivelv, and all regulations and guidelines issued thereunder before the award of this S ontract. (it) That no portion of the work required by this prime contract will b performed in a facility listed on. the Environmental Protection Agency list I), violating facilities on the date when this contract was awarded unless and nhtil the EPA eliminates the name of such facility or facilities from such t hag OM To use his best-efforts to ccmply with clean air standards and I an water standards at the facilities in which the contract is being performed. (IV) To insert.the substance of the provisions of this clause in any nexempt subcontract, including this paragraph (IV). Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 (5) 1.1t! Terms Used in This Clause Have 'I lie Followinu_ Meanings: _ (I) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. 18:,/ et seq., as amended by Public Law 91-604). (II) The term "Water Act" means Federal Water Pollution Control Act, as i!!lended (13 U.S.C. 1251 et seq., as amended by Public Law 92-500). WO The term "Clean Air Standards" means any enforceable _rules, regula- t ions, guidelines, standards, limitations, orders, controls, prohibitions, or eiher requirements which are contained in, issued under, or otherwise adopted potsuant to the Air Act or Executive Order 11738, an applicable implementation pian as described in Sec.t ion 100(D) of the Clean Air Act Section 111(c) or `ection IMO), respectively, of the Air Act (42 U.S.C. 1857C-6 (C) or (0), or an approved implementation procedure under Section 112(d) of the Air Act 1.857-7(0). (IV) The term "Clean Water Standards" means any enforceable limitation, ant ro,L,condition, prohibition, standard, or other requirement which is promulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an ap- proved program, as authorized by Section. 402 of the Water Act (33 U.S.C. 1342), et by a Local government to ensure compliance with pre-treatment regulations required by Section 307 of the Water Act (33 U.S.C. 1317). (V) The term "Compliance" means compliance with clean air or water stan- dards. .Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection .ti;ency or an Air or Water Pollution Control. Agency in accordance with the re- iptirement of the Air Act or Water Act and regulations issued pursuant thereto. (V1) The term "Facility" means any building, plant, installation, structure, ne, vessel or other floating craft, location, or site of operations, owned, leased, or supervised by a contractor, subcontractor, to be utilized in the priormance of a contract or subcontract. Where a location or site of operation contains or includes more than one building, plant, installation, or structure, the entire location shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency? determines that -independent facilities are colocated in one geographical area. Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 Approved For Release fif)NERAL CORIOMISM9R000100250001-7 (Construction Contract) 1. DEFINITIONS (a) The term "head of the agency" or "Secretary" 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 term "his duly authorized representative" means any person or persons or board (other than the Con- tracting Officer) authorized to act for the head of the agency or the Secretary. (b) The term "Contracting Officer" as used herein means the person executing this contract on behalf of the Govern- ment and includes a duly appointed successor or authorized representative. 2. SPECIFICATIONS AND DRAWINGS The Contractor shall keep on the work a copy of the draw- ings and specifications and shall at all times give the Con- tracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifi- cations shall govern. In case of discrepancy either in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjust- ment by the Contractor without such a determination shall be at his own risk and expense. The Contracting Officer shall furnish from time to time such detail drawings and other information as he may consider necessary, unless otherwise provided. 3. CHANGES (a) The Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the work within the general scope of the contract, including but not limited to changes: (1) In the specifications (including drawings and designs) ; (2) In the method or manner of performance of the work; (3) In the Government-furnished facilities, equipment, materials, services, or site; or (4) Directing acceleration in the performance of the work. (b) Any other written order or an oral order (which terms as used in this paragraph (b) shall include direction, instruc- tion, interpretation, or determination) from the Contracting Officer, which causes any such change, shall be treated as a change order under this clause, provided that the Contractor gives the Contracting Officer written notice stating the date, circumstances, and source of the order and that the Con- tractor regards the order as a change order. (c) Except as herein provided, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment hereunder. (d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this con- tract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writ- ing accordingly: Provided, however, That except for claims based on defective specifications, no claim for any change under (b) above shall be allowed for any costs incurred more than 20 days before the Contractor gives written notice as therein required: And provided further, That in the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any in- creased cost reasonably incurred by the Contractor in attempting to comply with such defective specifications. (e) If the Contractor intends to assert a claim for an equitable adjustment under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above, submit to the CoikbinspistvelirpoyaReildgges41)M644-1.41pCI forth the general -Edture and -monetary extent of -such aftim, 23-206 unless this period is extended by the Government. The state- ment of claim hereunder may be included in the notice under (b) above. (f) No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract. 4. DIFFERING SITE CONDITIONS (a) The Contractor shall promptly, and before such con- ditions are disturbed, notify the Contracting Officer in writing of: (1) Subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an un- usual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract. The Contract- ing Officer shall promptly investigate the conditions, and if he finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly. (b) No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required in (a) above; provided, however, the time prescribed therefor may be extended by the Government. (c) No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract. 5. TERMINATION FOR "DEFAULT?DAMAGES FOR DELAY?TIME EXTENSIONS (a) If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work with- in such time, the Government may, by written notice to the Contractor, terminate his right to proceed with the work or such part of the work as to which there has been delay. In such event the Government may take over the work and prose- cute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the work such materials, appliances, and plant as may be on the site of the work and necessary therefor. Whether or not the Contractor's right to proceed with the work is terminated, he and his sureties shall be liable for any damage to the Govern- ment resulting from his refusal or failure to complete the work within the specified time. (b) If fixed and agreed liquidated damages are provided in the contract and if the Government so terminates the Con- tractor's right to proceed, the resulting damage will consist of such liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in complet- ing the work. (c) If fixed and agreed liquidated damages are provided in the contract and if the Government does not so terminate the Contractor's right to proceed, the resulting damage will consist of such liquidated damages until the work is com- pleted or accepted. (d) The Contractor's right to proceed shall not be so ter- minated nor the Contractor charged with resulting damage if: (1) The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the public enemy, acts of the Government in either its sovereign or contractual ca- pacity, acts of another contractor in the performance of a contract with the Government, fires, floods, epidemics, quar- antine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and such subcontractors or suppliers; and (2) The Contractor, within 10 days from the beginning Officer grants a rt A_Riopeg_GittiskeyotarMs2:04prntionvacting tuner period oT time 1ZI-611?the date of final payment STANDARD FORM 23?A (Rev. 4-75) Prescribed by GSA, FPR (41?CFR) 1-16.401 under the contract), notifies the Contracting Officer in writing of the causesAbo friinv ved For Release 2003/04/29 The Contracting Officer shall ascertain the facts and the ex- tent of the delay and extend the time for completing the work when, in his judgment, the findings of fact justify such an ex- tension, and his findings of fact shall be final and conclusive on the parties, subject only to appeal as provided in Clause 6 of these General Provisions. (e) If, after notice of termination of the Contractor's right to proceed under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, or that the delay was excusable under the provisions of this clause, the rights and obligations of the parties shall, if the contract contains a clause provid- ing for termination for convenience of the Government, be the same as if the notice of termination had been issued pur- suant to such clause. If, in the foregoing circumstances, this 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 shall 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 are in addition to any other rights and remedies provided by law or under this contract. (g) As used in Paragraph (d) (1) of this clause, the term "subcontractors or suppliers" means subcontractors or sup- pliers at any tier. 6. DISPUTES (a) Except as otherwise provided in this contract, any dis- pute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contrac- tor. The decision of the Contracting Officer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the head of the agency involved. The decision of the head of the agency or his duly authorized representative for the determination of such appeals shall be final and conclusive. This provision shall not be pleaded in any suit involving a question of fact arising under this contract as limiting judicial review of any such decision to cases where fraud by such official or his rep- resentative or board is alleged; Provided, however, That any such decision shall be final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith or is not supported by sub- stantial evidence. In connection with any appeal proceeding under this clause, the Contractor shall be afforded an oppor- tunity to be heard and to offer evidence in support of his ap- peal. Pending final decision of a dispute hereunder, the Con- tractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. (b) This Disputes clause does not preclude consideration of questions of law in connection with decisions provided for in paragraph (a) above. Nothing: in this contract, however, shall be construed as making final the decision of any admin- istrative official, representative, or board on a question of law. 7. PAYMENTS TO CONTRACTOR pletion and acceptance of the contract work. However, if .t splmogif34064gRAtin1ptitto1JOnit750 percent of ti ria been completed; nag Vir satisfactory progress is being made, he may authorize payment in full of each progre 3S payment for work performed beyond the 60 percent stage of completion. Also, whenever the work is substantially complete, the Contracting Officer, if he considers the amount retained to be in excess of the amount adequate for the protection of the Government, at his discretion, may release to the Com.ra.- tor all or a portion of such excess amount. Furthermore, on completion and acceptance of each separate building, public work, or other division of the contract, on which the price is stated separately in the contract, payment may be made ther for without retention of a percentage. (d) All material and work covered by progress paymen made shall thereupon become the sole property of the Go-/- ernment, but this provision shall not be construed as r lieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work. or as waiving the right of the Government to require the fulfillment of all of the terms of the contract. (e) Upon completion and acceptance of all work, the amount due the Contractor under this contract shall be paid upcn the presentation of a properly executed voucher and after the Contractor shall have furnished the Government with a release of all claims against the Government arising by virtue of this contract, other than claims in stated amounts as may be specifically excepted by the Contractor from the operation of the release. If the Contractor's claim to amounts payable under the contract has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203,41 U.S.C. 15), a release may also be required of the assignee. 8. ASSIGNMENT OF CLAIMS (a) The Government will pay the contract price as herein- after provided. (b) The Government will make progress payments monthly as the work proceeds, or at more frequent intervals as deter- mined by the Contracting Officer, on estimates approved by the Contracting Officer. If requested by the Contracting Officer, the Contractor shall furnish a breakdown of the total contract price showing the amount included therein for each principal category of the work, in such detail as requested, to provide a basis for determining progress payments. In the preparation of estimates the Contracting Officer, at his dis- cretion, may authorize material delivered on the site and pre- paratory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site may also be taken into consideration (1) if such consideration is specifically authorized by the contract and (2) if the Con- tractor furnishes satisfactory evidence that he has acquired title to such material and that it will be utilized on the work covered by this contract. (c) In making such 4ogress paymenta, .there shaabsi re-. tained 10 percent of t petnvediFairoitetiease aN29 STANDARD FORM 23-A (Rev. 4-75) 2 (a) Pursuant to the provisions of the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if ths contract provides for payments aggregating $1,000 or more, claims for moneys due or to become due the Contractor fro :n the Government under this contract may be assigned to a bank, trust company, or other financing institution, includ- ing any Federal lending agency, and may thereafter be further assigned and reassigned to any such institutio Any such assignment or reassignment shall cover all amoums payable under this contract and not already paid, and shall not be made to more than one party, except that any suc h assignment or reassignment may be made to one party ES agent or trustee for two or more parties participating in such financing. Unless otherwise provided in this contract, pa:7- ments to an assignee of any moneys due or to become due under this contract shall not, to the extent provided in said Act, as amended, be subject to reduction or setoff. (The pro- ceding sentence applies only if this contract is made in time of war or national emergency as defined in said Act; and ,s with the Department of Defense, the General Services Ad- ministration, the Energy Research and Development Admini3- tration, the National Aeronautics and Space Administratiol, the Federal Aviation Administration, or any other departme-it or agency of the United States designated by the President pursuant to Clause 4 of the proviso of section 1 of the Assign- ment of Claims Act of 1940, as amended by the Act of May 15, 1951, 65 Stat. 41.) (b) In no event shall copies of this contract or of any plans, specifications, or other similar documents relating to work under this contract, if marked "Top Secret," "Secret," or "Confidential," be furnished to any assignee of any clai arising under this contract or to any other person not en- titled to receive the same. However, a copy of any part or all of this contract so marked may be furnished, or any informa- tion contained therein may be disclosed, to such assignee upon the prior written authorization of the Contracting Officer. 9. MATERIAL AND WORKMANSHIP (a) Unless otherwise specifically provided in this contract, all equipment, material, and articles incorporated in the work covered by this contract are to be new and of the moot suitable grade for the purpose intended. Unless otherwine specifically provided in this contract, reference to any equip- ment, material, article, or patented process, by trade nam make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition, and the Contractor may, at his option, use any equipment, material, article, or process, which, in the judv- ment of the Contracting Officer, is equal to that named. The Ck afi3lianitivAgtvaft k Filo Ae g Officerfel nfuor bhe )1 ? gtf ' and other identifying data and information respecting the 11. SUPERINTENDENCE BY CONTRACTOR performance, cay3/4;ity, nature, and rating of the machinery The Contractor, at all times during performance and until and mechanical ibnovedefivipaspeat kirtm0,4021, ctcciA_RDResiottotaiiiwom PJ 'i' sesow shall give his personal contemplates incorporating in the work. en required 'by superintendence to the work or have on the work a competent this contract or when called for by the Contracting Office; sn.frerkifendent, satisfactory to the Contracting Officer and the Contractor shall furnish the Contracting Officer for With authority to act for the Contractor, approval full information concerning the material or articles- which he contemplates incorporating in the work. When so 12. PERMITS AND RESPONSIBILITIES directed, samples shall be submitted for approval at the Con- The Contractor shall, without additional expense to the tractor's expense, with all shipping charges prepaid. Ma- Government, be responsible for obtaining any necessary chinery, equipment, material, and articles installed or used licenses and permits, and for complying with any appl' cable without required approval shall be at the risk of subsequent Federal, State, and municipal laws, codes, and regulations, rejection. in connection with the prosecution of the work. He shall be (b) All work under this contract shall be performed in a shirrilarly responsible for all damages to persons or property skillful and workmanlike manner. The Contracting Officer that occur as a result of his fault or negligence. He shall take may, in writing, require the Contractor to remove from the proper safety and health precautions to protect the work, work any employee the Contracting Officer deems incompe- the workers, the public, and the property of others. He shall ..- tent, careless or otherwise objectionable, also be responsible for all materials delivered and work per- formed until completion and acceptance of the entire con- 10. INSPECTION AND ACCEPTANCE struction work, except for any completed unit of construction (a) All work (which term includes but is not restricted to thereof which theretofore may have been accepted. materials, workmanship, and manufacture and fabrication of .. components) shall be subiect to inspection and test by the Gov- 13. CONDITIONS AFFECTING THE WORK ernment at all reasonable times and at all places prior to The Contractor shall be responsible for having taken steps acceptance. Any such inspection and test is for the sole benefit reasonably necessary to ascertain the nature and location of of the Government and shall not relieve the Contractor of the the work, and the general and local conditions which can responsibility of providing quality control measures to assure affect the work or the cost thereof. Any failure by the Con- that the work strictly complies with the contract requirements. tractor to do so will not relieve him from responsibility for No inspection or test by the Government shall be construed successfully performing the work without additional expense as constituting or implying acceptance. Inspection or test to the Government. The Government assumes no responsi- shall not relieve the Contractor of responsibility for damage to bility for any understanding or representations concerning or loss of the material prior to acceptance, nor in any way af- conditions made by any of its officers or agents prior to the fect the continuing rights of the Government after acceptance execution of this contract, unless such understanding or rep- of the completed work under the terms of paragraph (f) of resentations by the Government are expressly stated in the this clause, except as hereinabove provided. contract. (b) The Contractor shall, without charge, replace any material or correct any workmanship found by the Govern- 14. OTHER CONTRACTS ment not to conform to the contract requirements, unless in The Government may undertake or award other contracts the public interest the Government consents to accept such for additional work, and the Contractor shall fully cooperate material or workmanship with an appropriate adjustment in with such other contractors and Government employees and contract price. The Contractor shall promptly segregate and carefully fit his own work to such additional work as may be remove rejected material from the premises. directed by the Contracting Officer. The Contractor shall not (c) If the Contractor does not promptly replace rejected commit or permit any act which will interfere with the per- material or correct rejected workmanship, the Government formance of work by any other contractor or by Government (1) may, by contract or otherwise, replace such material or employees. correct such workmanship and charge the cost thereof to the Contractor, or (2) may terminate the Contractor's right to 15. SHOP DRAWINGS proceed in accordance with the clause of this contract entitled (a) The term "shop drawings" includes drawings, diagrams, "Termination for Default?Damages for Delay?Time Ex- layouts, schematics, descriptive literature, illustrations, ached- tensions." ules, performance and test data, and similar materials fur- (d) The Contractor shall furnish promptly, without addi- nished by the Contractor to explain in detail specific portions tional charge, all facilities, labor, and material reasonably of the work required by the contract. needed for performing such safe and convenient inspection (131 If this contract reauires shop drawings, the Contractor and test as may be required by the Contracting Officer. All shall coordinate all such drawings, and review them for ac- inspection and test by the Government shall be performed curacy, completeness, and compliance with contract require- in such manner as not unnecessarily to delay the work. ments and shall indicate his approval thereon as evidence of Special, full size, and performance tests shall be performed such coordination and review. Shop drawings submitted to the as described in this contract. The Government reserves the Contracting Officer without evidence of the Contractor's ap- right to charge to the Contractor any additional cost of in- proval may be returned for resubmission. The Contracting snection or test when material or workmanship is not ready Officer will indicate his approval or disapproval of the shop at the time specified by the Contractor for inspection or test drawings and if not approved as submitted shall indicate his or when reinspection or retest is necessitated by prior rejec- reasons therefor. Any work done prior to such approval shall tion. be at the Contractor's risk. Approval by the Contracting Of- (e) Should it be considered necessary or advisable by the ficer shall not relieve the Contractor from responsibility for Government at any time before acceptance of the entire work any errors or omissions in such drawings, nor from respon- to make an examination of work already completed, by remov- sibility for complying with the requirements of this contract, Ing or tearing out same, the Contractor shall, on request, except with respect to variations described and approved in promptly furnish all necessary facilities, labor. and material, accordance with (c) below. If such work is found to be defective or nonconforming in any (c) If shop drawings show variations from the contract re- material respect, due to the fault of the Contractor or his quirements, the Contractor shall describe such variations in subcontractors, he shall defray all the expenses of such exam- writing, separate from the drawings, at the time of submis- ination and of satisfactory reconstruction. If. however, such sion. If the Contracting Officer apnroves any such varia- work if found to meet the requirements of the contract, an tion(s), he shall issue an appropriate contract modification, equitable adjustment shall be made in the contract price to except that, if the variation is minor and does not involve a compensate the Contractor for the additional services in- change in price or in time of performance, a modification need volved in such examination and reconstruction and, if corn- not be issued. pletion of the work has been delayed thereby, he shall, in addition, be granted a suitable extension of time. 16. USE AND POSSESSION PRIOR TO COMPLETION (DI Unless otherwise provided in this contract, accentanne The Government shall have the right to take possession of by the Government shall be made as nromntly as practicable or use any completed or partially completed part of the work. after completion and inspection of all work renuired by this Prior to such possession or use, the Contracting Officer shall contract, or that portion of the work that the Contracting furnish the Contractor an itemized list of work remaining to Officer determines can be accepted separately. Acceptance shall be performed or corrected on such uortions of the project as be final and conclusive except as regards latent defects, fraud, are to be possessed or used by the Government. provided that or such gross mistakes as may amount to fraud, or as regards failure to list any item of work shall not relieve the Con- the GovernmenVe AWMAnctr8PMFAV26657620.: ciA-4515g-triViNibM6Y5Mii- Ere with the terms of the STANDARD FORM 23-A (Rev. 4-75) contract. Such possession or use shall not be deemed an ac- ployees against liability, including costs and expenses, fo ceptance of any work u WintreagWVOR4/29 InWITIat861a l?Reoertoklitspooltile United State 3 ment has such possess except etters irlarten issued upon an application which i standing the provisions of the clause of this contract entitled "Permits and Responsibilities," shall be relieved of the re- sponsibility for the loss or damage to the work resulting from the Government's possession or use. If such prior posseAsion or use by the Government delays the progress of the work or causes additional expense to the Contractor, an equitable ad- justment in the contract price or the time of completion will be made and the contract be modified in writing accord- ingly. 17. SUSPENSION OF WORK (a) The Contracting Officer may order the Contractor in writing to suspend, delay, or interrupt all or any part of the work for such period of time as he may determine to be ap- propriate for the convenience of the Government. (3) If the performance of all or any part of the work is, for an unreasonable period of time suspended, delayed, or inter- rupted by an act of the Contracting Officer in the administra- tion of this contract, or by his failure to act within the time specified in this contract (or if no time is specified, within a reasonable time), an adjustment shall be made for any in- crease in the cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent (1) that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor or (2) for which an equi- table adjustment is provided for or excluded under any other provision of this contract. (c) No claim under this clause shall be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order)? and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspen- sion, delay, or interruption, but not later than the date of final payment under the contract. 18. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT If not physically incorporated elsewhere, the clause in Sec- tion 1-8.703 of the Federal Procurement Regulations, or para- graph 7-602.29(a) of the Armed Services Procurement Reg- ulation, as applicable, in effect on the date of this contract is hereby incorporated by reference as fully as if set forth at length herein. 19. PAYMENT OF INTEREST ON CONTRACTORS' CLAIMS (a) If an appeal is filed by the Contractor from a final de- cision of the Contracting Officer under the Disputes clause of this contract, denying a claim arising under the contract, simple interest on the amount of the claim finally determined owed by the Government shall be payable to the Contractor. Such interest shall be at the rate determined by the Secre- tary of the Treasury pursuant to Public Law 92-41, 85 Stat. 97, from the date the Contractor furnishes to the Contract- ing Officer his written appeal under the Disputes clause of this contract, to the date of (1) a final judgment by a court of competent jurisdiction, or (2) mailing to the Contractor of a supplemental agreement for execution either confirming completed negotiations between the parties or carrying out a decision of a board of contract appeals. (b) Notwithstanding (a) above, (1) interest shall be ap- plied only from the date payment was due, if such date is later than the filing of appeal; and (2) interest shall not be paid for any period of time that the Contracting Officer determines the Contractor has unduly delayed in pursuing his remedies before a board of contract appeals or a court of competent jurisdic- tion. 20. PRICING OF ADJUSTMENTS When costs are a factor in any determination of a contract price adjustment pursuant to the Changes clause or any other provision of this contract, such costs shall be in accordance with the contract cost principles and procedures in Part 1-15 of the Federal Procurement Regulations, (41 CFR 1-15) or Section XV of the Armed Services Procurement Regulation, as applicable, which are in effect on the date of this contract. 21. PATENT INDEMNITY Except as otherwise provided, the Contractor Tees to now or may hereafter be, for reasons of national security, ordered by the Government to be kept secret or otherwise withheld from issue) arising out of the performance of thi contract or out of the use or disposal by or for the account o f the Government of supplies furnished or construction work performed hereunder. 22. ADDITIONAL BOND SECURITY If any surety upon any bond furnished in connection with this contract becomes unacceptable to the Government, or if any such surety fails to furnish reports as to his financial condition from time to time as requested by the Government, or if the contract price is increased to such an extent that the penal sum of any bond becomes inadequate in the opinion o the Contracting Officer, the Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests of the Government and of persons sup- plying labor or materials in the prosecution of the work con- templated by this contract. 23. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (a) This clause is applicable if the amount of this contrac t exceeds $10,000 and was entered into by means negotiation, including small business restricted advertising, but is not ap- plicable if this contract was entered into by means of formal advertising. (b) The contractor agrees that the Comptroller General o the United States or any of his duly authorized representa- tives shall, until the expiration of 3 years after final paymen t under this contract or such lesser time specified in either Ap- pendix M of the Armed Services Procurement Regulation or the Federal Procurement Regulations Part 1-20, as appro- priate, have access to and the right to examine any directly pertinent books, documents, papers, and records of the con- tractor involving transactions related to this contract. (c) The Contractor further agrees to include in all his sub- contracts hereunder a provision to the effect that the sub- contractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under the sub- contract or such lesser time snecified in either Appendix M o-f the Armed Services Procurement Regulation or the Federal Procurement Regulations Part 1-20, as appropriate, have ac- cess to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involv ing transactions related to the subcontract. The term "sub- contract" as used in this clause excludes (1) purchase orders not exceeding $10,000 and (2) subcontracts or purchase orders for public utility services at rates established for uniform ap- plicability to the general public. (d) The periods of access and examination described in (13: and (c), above, for records which relate to (1) appeals under the "Disputes" clause of this contract, (2) litigation or the settlement of claims arising out of the performance of this contract, or (3) costs and expenses of this contract as to which exception has been taken by the Comptroller General or any of his duly authorized representatives, shall continue until such appeals, litigation, claims, or exceptions have been dis- posed of. 24. BUY AMERICAN (a) Agreement. In accordance with the Buy American At; (41 U.S.C. 10a-10d), and Executive Order 10582, December 17, 1954 (3 CFR, 1954-58 Comp., p. 230), as amended by Executive Order 11051, September 27, 1962 (3 CFR, 1959-68 Comp., p. 635), the Contractor agrees that only domestic con? struction material will be used (by the Contractor, subcon? tractors, materialmen, and suppliers) in the performance of this contract, except for nondomestic material listed in the contract. (b) Domestic construction material. "Construction material" means any article, material, or supply brought to the con- struction site for incorporation in the building or work. An unmanufactured construction material is a "domestic con- struction material" if it has been mined or produced in the United States. A manufactured construction material is I, "domestic construction material" if it has been manufactured in the United States and if the cosi; of its components whie have been mined, produced, or manufactured in the Unit& States exceeds 50 percent of the cost of all its components. "Component" means any article, material, or supply directly incorporated in a construction material. ndett MAWbe sii indemnify the Governmoppirtivied oforiReteente 0831(04/29u) alikliiiNagZag STANDARD FORM 23?A (Rey. 4-75) 4 United States" (regardless of its source in fact) if the article, material, or sup ly in which it i incorporg4370,wAnu,- factured in the pisi elsVadsEet1 KeleartielAW or kind determine, y the Government to be not mined, pro- duced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satis- factory quality. 25. EQUAL OPPORTUNITY (The following clause is applicable unless this contract is exempt under the rules, regulations, and relevant orders of the Secretary of Labor (41 CFR, ch. 60) .) During the performance of this contract, the Contractor agrees as follows: (a) The Contractor will not discriminate against any em- ployee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for train- ing, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this Equal Opportunity clause. (b) The Contractor will, in all solicitations or advertise- ments for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) The Contractor will send to each labor union or repre- sentative of workers with which he has a collective bargain- ing agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the labor union or workers' representative of the contractor's commitments under this Equal Opportunity clause, and shall post copies of the notice in conspicuous places available to em- ployees and applicants for employment. (d) The Contractor will comply with all provisions of Ex- ecutive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secre- tary of Labor for purposes of investigation to ascertain com- pliance with such rules, regulations, and orders. (f) In the event of the Contractor's noncompliance with the Equal Opportunity clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Govern- ment contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and such other sanctions may be imposed and remedies invoked as pro- vided in Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the provisions of para- graphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Execu- tive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action will respect to any sub- contract or purchase order as the contracting agency may di- rect as a means of enforcing such provisions, including sanc- tions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may re- quest the United States to enter into such litigation to protect the interests of the United States. Approved or Release 2003/04/29. 26. COVENANT AGAINST CONTINGENT FEES IA _DilibeAkEetretigRafainftelMenatiLlgerson or selling agency '^ bWe'n empIoyed?OF retained tosolicit or secure this con- tract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting Lona fide emplpyees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion to deduct from the con- tract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 27. OFFICIALS NOT TO BENEFIT No member of or delegate to Congress or resident Commis- sioner shall be admitted to any share or part of this contract, or to any benefit that may urise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 28. CONVICT LABOR In connection with the performance of work under this con- tract, the Contractor agrees not to emPloy any person under- going sentence of imprisonment at hard labor except as pro- vided by Public Law 89-176, September 10, 1965 (18 U.S.C. 4082(c) (2) ) and Executive Order 11755, December 29, 1973. 29. UTILIZATION OF SMALL BUSINESS CONCERNS (a) It is the policy of the Government as declarec[ by the Congress that a fair proportion of the purchases and con- tracts for supplies and services for the Government be placed with small business concerns., (b) The Contractor agrees to accomplish the maximum amount of subcontracting to small business concerns that the Contractor finds to be consistent with the efficient per- formance of this contract. 30. UTILIZATION OF MINORITY BUSINESS ENTERPRISES (a) It is the policy of the Government that minority busi- ness enterprises shall have the maximum practicable oppor- tunity to participate in the performance of Government contracts. (b) The Contractor agrees to use his best efforts to carry out this policy in the award of his subcontracts to the fullest extent consistent with the efficient performance of this con- tract. As used in this contract, the term "minority business enterprise" means a business, at least 50 percent of which is owned by minority group members or, in case of publicly-owned businesses, at least 51 percent of the stock of which is owned by minority group members. For the purposes of this de inition, minority group members are Negroes, Spanish-speaking American persons, American-Orientals, American-Indians, American-Eskimos, and American-Aleuts. Contractors may rely on written representations by subcontractors regarding their status as minority business enterprises in lieu of s,n inde- pendent investigation. 31. FEDERAL, STATE, AND LOCAL TAXES (a) Except as may be otherwise provided in this contract, the 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, written ruling, or regulatio takes effect after the contract date, and? (1) Results in the Contractor being required to pay or bear the burden of any such Federal excise tax or duty or increase in the rate thereof which would not otherwise have been payable on such transactions or property, the contract price shall be increased by the amount of such tax or duty or rate increase: Provided, That the Contractor if requested by the Contracting Officer, warrants in writing that no mount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price as a contingency reserve or otherwise; or (2) Results in the Contractor not being required to pay or bear the burden of, or in his obtaining a refund or drawback of, any such Federal excise tax or duty which would otherwise have been payable on such transactions or property or which was the basis of an increase in the contract price, the contract price shall be decreased by the amount of the relief, refund, or drawback, or that amount shall be paid to the Government, as directed by the Contracting Officer. The contract price shall be similarly decreased if the Contractor, through his fault or ORID001:093250001Rctions of the Contract- 5 STANDARD FORM 23?A (Rel. 4-75) ing Officer, is required to pay or bear the burden of, or does not obtain a refund or drawback of, any such Federal excise tax or duty. Approved For Release 2003/04/29 (c) No adjustment pursuant to paragraph b above will be made under this contract unless the aggregate amount thereof is or may reasonably be expected to be over $100.00. (d) As used in paragraph b above, the term "contract date" means the date set for the bid opening, or if this is a negotiated contract, the date of this contract. As to additional supplies or services procured by modification to this contract, the term "contract date" means the date of such modification. (e) Unless there does not exist any reasonable basis to sustain an exemption, the Government, upon request of the Contractor, without further liability, agrees, except as other- wise provided in this contract, to furnish evidence appropriate toGrAttitgRneunitte,25A661114 Contractor war- rants in Writing was exclakI from the -contract price. In addi- tion, the Contracting Officer may furnish evidence to establish exemption from any tax that may, pursuant to this Clause, give rise to either an increase or decrease in the contract price. Except as otherwise provided in this contract, evidence appro- priate to establish exemption from duties will be furnished only at the discretion of the Contracting Officer. (f) The Contractor shall promptly notify the Contracting Officer of matters which will result in either an increase or decrease in the contract price, and shall take action with respect thereto as directed by the Contracting Officer. Ils1G CE ? Approved For Release 2003/04/29 : CIA-RDP86-0109RVOTItnttitoi-7QFFI 1976 0 - 201-981 STANDARD FORM 23?A (Rev. 4-75) 6 Approved For Release 2003/04/29: CIA-RDP86-01019R000100250001-7 101) ITICAT EON OP I -INERAL PROVISIONS (STANDARD FORM 23-A - A IL 1975 EDITION) Delete Clause / in Its Entirety and Substitute In Lieu Thereof The Following: n7. PAYMENTS TO CONTRACTOR (a) The Cuvernment will pay the contract price as hereinafter provided. (b) The Government will made progress payments monthly as the work proceeds, or at more trequent intervals as determined by the Contracting Officer, 011 estimates approved by the Contracting Officer. If requested by the Contrathng Officer, the Contractor shall furnish a breakdown of the total contract price showing the amount included therein for each principal category of the work, in such detail as requested, to provide a basis for determining proress payments. In the preparation of estimates the Con- tractitv Officer, at his descretion, may authorize material delivered on the site and preparatory work done to be taken into consideration. Materials delivered to the Contractor at locations other than the site may also be. taken into consideration (L) if such consideration is specifically authorized by the contract and (2) if the Contractor furnishes satisfactory evidence that he has acquired title to such material and that it will be utilized in the work covered by this contract. (c) Tn making such progress payments, there shall be retained 10 per- cent of the estimated amount until final completion and acceptance of the contract work. However, if the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, he may authori.ze such payment to be made in full without retention of a percentage. Also, whenever the work is substantially complete, the Con- tracting Officer shall retain an amount he considers adequate for protection of the Government ail, at his discretion, may release to .the Contractor all or a portion of any excess amount. Furthermore, on completion and acceptance of each separate building, public work, or other division of the contract, on which the price is stated separately in the contract, payment may be made therefor without retention of a percentage. (d) Alt material and work covered by progress payments made there- upon become the sole property of the Government, but his provision shall not be construed as relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work, or as waiving the right of the Government to require the fulfillment of all of the terms of the contract. (e) Upon completion and acceptance of all work, the amount due the Contractor under this contract shall be paid upon the prenentation of a properly executed voucher and after the Contractor shall have furnished the Government v.ith a release of all claims against the Government, arising by virtue of this contract, other than claims in stated amounts as may be specifically except by the Contractor from the operation Of the release. GSA-WA:1;H DC 76-9239 -1- Approved For Release 2003/04/29: CIA-RDP86-01019R000100250001-7 Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 If the Contractor's cLaim to amounts pa-ble under the contract has been assigned under the Assignment of Claims ct of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), a release may also L' required of the assignee." The Following Clauses Are Added To The General Provisions:. "32. LISTING OF EMPLOYMENT OPENINGS (This clause is applicable pursuant to 41 CFR 50-250 if this contract is for $10,000 or more), (a) The Contractor agrees, in order to provide special emphasis to the employment of qualified disabled veterans and veterans Of the Vietnam era, that all suitable employment openings of the Contractor which exist at the time or the execution of this contract and those which occur during the perlormance of this contract, including those not generated by this contract and including those occurring at an establishment other than the one wherein the contract is being performed but excluding those of indepen- dently operated corporate affiliates, shall be offered for listing at an appropriate local office of the State employment service system wherein the openings and hires as may be required: Provided, that if this contract is with a State or local government the reports set forth in paragraph (c) and (d) are not required. (b) Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. This listing herein is intended to relieve the Contractor from any requirement in any statures, Executive orders, or regulations regarding nondiscrimination in employment. (c) The reports requiredby paragraph (a) of this clause shall in- clude, but not be limited to, periodic reports which shall be. filed at least ? quarterly with the appropriate local office or, where the Contractor has more than one establishment in a State, with the central office of the State employment service. Such reports shall indicate for each establishment (i) the number of individuals who are hired during the reporting period, (ii) the number of those hired who were disabled veterans, and (iii) the number of those hired who were nondisabled veterans of the Vietnam era. The Contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made under this contract. The Contractor shall maintain copies of the reports submitted until the exeiration of 1 year after final payment under this contract, during which time they shall be made avail- able, upon request, for examination by any authorized representatives of the Contracting Officer or of the Secretary of Labor. (d) enever the Contractor becomes contractually bound by the listing provisions oI this clause, he shall advise the employment service system in each State wherein he has establishments of the name and location of each - such establishment in the State. As long as the Contractor is contractually GSA-WASH DC /6-9239 -2- Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 Approved For Release 2003/04/29: CIA-RDP86-01019R000100250001-7 bound to these provisions and has so advIsed the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bouad by this contract clause. (e) This clause does not apply to the listing of employment. openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (f) This clause does not apply to openings which the Contractorpro- poses to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement.- This exclusion does not apply to a particular opening once an employer -decides to consider appticants outside of his own organization or employer-union-arrangement for that opening. (g) As used in this clause: (I) "All suitable employment openings" includes, but is not limited Lu, openings which occur in the following job categories: Production and nonproduction; plant and office; laborers and mechanics; supervi- sory and nonsupervisory;, technical; and executive, administrative, and professional openings which are compensated on a salary basis of less than $18,000 per year. The.term includes full-time employment, tempo- rary employment of more than 3 days' duration, and part-time employment. It does not include openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and tra- ditional employer-Union hiring arrangement. (2) "Appropriate office of the State employment service system" means the local office of the Federal-State national system of public employ- ment offices with assigned responsibility for serving the area of the establishment where the employment openings is to be filled, including the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the Contractor's own organization (Including a any affiliates, subsidiaries, and parent companies), and includes any openings which the Contractor proposes to fill from regu- larly established "recall" or "rehire" lists. (4) "Openings which the Contractor proposes* * * to fill- pursuant to 1 customary and traditional employer-union hiring arrangement" means employment openings for which no consideration will be given to per- sons outside of a special hiring arrangement,. including openings which the Contractor proposes to fillfrom union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and the representatives of his -employees. . GSA-WASt[ DC 76-9239 Approved For Release 2003/94/29 : CIA-RDP86-01019R000100250001-7 Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 (5) "Disabled veteran" means a per,-)n entitled to disability compen- sation under laws administered by the Veterans Administration for a disability rated at 30 percentum or more, or a person whose. discharge or release from active duty was for a disability incurred or aggravated in line of duty. (6) "Veteran of the Vietnam era" means a person (A) who (i) served on active duty with the Armed Forces for a period of more than 180 days, any part of which Occurred after August 5, 1964, and was discharged or released therefrom with other than a dishonorable discharge, or (ii) was discharged or released from active duty for service-connected dis- ability if any part of such duty was performed after August 5, 1964, and (B) who was so discharged or released within the 48 months preced- ing his application for employment covered by this clause. (h) If any disabled veteran or veteran of the Vietnam era believes that the Contractor (or any first-tier subcontractor) has failed or refuses to com- ply with the provisions of this contract clause relating to giving special emphasis in employment to veterans, such veteran may file a complaint with the veterans' employment representative at a local State employment servic office who will attempt to informally resolve the complaint and then refer the complaint with a report on the attempt to resolve the matter to the State office of the Veteran's employment service of the Department of Labor. Such complaint shall then be promptly referred through the Regional Manpower Ad- ministrator to the Secretary of Labor who shall investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of this contract and the laws and regulations ap- plicable thereto. (i) The Contractor agrees to place this clause (excluding this paragraph CO) in any subcontract directly under this contract. 33. EMPLOYMENT OF THE HANDICAPPED PART A (a) The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and other- wise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the fol- lowing: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. (h) The Contractor agrees that, if a handicapped individual files a com- plaint with the Contractor that he is not complying with the requirements of the Act, Public Law 93-112, he will (i) investigate the complaint and take ap- propriate action consistent with the requirements of 20 CFR 741.29 and (2) maintain on file for three years, the record regarding the complaint and the CSA-WAsii DC 76-hwoved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 actions taken. (c) The Contractor agrees that, i. a handicapped individual flies a complaint with the Department of Labor _hat he has not complied with the requirements of the Act., (1) he will cooperate with the Department in its investigation of the complaint, and (2) he will provide nll pertinent in- formation icentrding his employment practices with respect to the handicapped. (d) The Contractor agrees to comply with the rules and regulations of the Secretary of Labor in 20 CFR Cil VI, Part 741. (e) In the event of the Contractor's noncompliance with the require- ments of this clause, the contract may be terminhted or suspended in whole or in parr. (f) This clause shall be included in all subcontracts over $2,500. PART B (g) The Contractor agrees (1) to establish an affirmative action program, inelnding appropriate procedures consistent with the guidelines and the rules o( the Secr,:tary of Labor, which will provide the affirmative action regarding the employment and advancement of the handicapped required by P.L. 93-112, (2) to publish the program in his employee's or personnel handbook or otherwise distribute a copy to all personnel, (3) to review his-program on or before March 31 of each. year and to make such changes as may be appropriate, and -(4) to designate one of his principal officials to be responsible for the establish- went and operation, of the program. (h) The Contractor agrees to permit the examination by appropriate con- tracting agency officials or the Assistant Secretary for Employment Standards or his designee, of pertinent boods, documents, papers and records concerning his employment and advancement of the handicapped. (i) The Contractor agrees to post in conspicuous places, available to em- ployees and applicants for employment, notices in a form to be prescribed by the Assistant Secretary for Employment Standards, provided by the Contracting Officer stating the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment and the rights and remedies available. (j) The Contractor will notify each labor union or, representative of workers with which he has a collective bargaining- agreement or other contract understanding, that the Contractor is bound by .the terms of' Section 503 of the Rehabilitation Act, and is committed to take affirmative action to employ . and advance in emplayment physically and mentally handicapped individuals. 34. (JEAN AIR AND WATER (Applicable only if the contract exceeds $100,000, or the Contracting Officer had determined that orders under an indefinite quantity contract in any one Approved For Release 2003/04/29 : CIA-RDP86-01019R000109250001-7 GA-WASH DC 76-9239 -5- Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 yiar will e-L(cd $100,000, or a facilit to be used has been the subject of a conviction under thc Clean Air Act (4 U.S.C. 1857c-8(c)(1)) or the Federal Water Pollution Contra L Act (33 U.S.C. 1119 (c)) and is listed by EPA or the contract is not otherwise exempt.) (a) The Contractor Agrees As Follows: (I) To comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Public Law 91-604) and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251, of seq., as amended by Public Law 92-500), respectively, relating to .inspection, monitoring, entry, reports, and information, as well as other requirements specified, in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and.guidelines issued thereunder before the award of this contract. (2) That no .portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency List at Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facili- ties from such listing.-t (3) To use 111.S best efforts to comply with clean air standards and clean water standards at the facilities in which the contract is betLig performed. (4) To insert the substance of.the provisions of this clause in any non- exempt subcontract, including this paragraph (a)(4). (b) The Terms Used In This Clause Have The Following Meaning: (1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Public Law 91-604). (2) The term "Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Public Law 92-500). (i) The term "clean air standards" means any enforceable rules, regula- tions, guidelines, standard, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in Section 110(d) of the Air Act (42 U.S.0 1857c-5(d)), an approved implementation 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) of the Air Act (42 U.S.C. 1857c-7(d)). (4) The term "clean water standards" means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is promulgated pursuant to the Water Act contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under " GSA-WASH DC 76-9239 -6- Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 I I I Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 on approved proram, as authorized Ay Section 402 of the Water Act (33 H.S.O. 1342), ,or.by a local go 'Arnment to ensure comFliance with pretroo(ment .regulatThns as requir 1 by Section 307 of the Water Act (33 O.S.C. 1317). (5) it.: LerM ".compliance" means compliance with clean aic or water standards. dompliance shall also mean compliance with a schedule or phin orh red or approved hy a court of competent jurisdiction, the 1:41vAronmeutat Protection Agency or an air or water pollution control JnA,elnv in accordance with the requirements of the Air Act or Water iwr and roulations issued pursuant thereto. (o) .The lerm "facility" means any building, plant, installation, ftrucLliro, mine, vessel, or other floating craft, location, or site ol opetntions, owned, leased, or sueervised by a Contractor or sub- contrdcAor, to he utilized in the performance of a contract or sub- cohtrdci, Mere a location. or site of operations contains or includes more thin one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Di cc. Office of Federal Activities, Environmental Protection Agency determiccs that inAlependunt facilities are collocated in one geograph- ical arca." A-1 ASH Pe 16-9239 -7- Apprdved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 plimsormils16111111111.11.111111111.1111.1111111w.m.- Approved For Release 2003/04/29 : CIA-RDP86-01019R0001002500017 4 Ii .04?11Y- NOTICE TO PROSPECTIVE 134/DERS Special aiierio,),1i 1.1eti to the Equal Opportunity ciauscse forth In the general provisions ihcludedin this invitation for bids m h,;u1fi.,1 th-)1 ougn1 y tarniliarize ycrurself with this ciause arw the reiated rules and regulations of the Secretary of Labor t.qual employment opportunity since in submitting a bid you ee to certain specific respoosibilitieein the area of nondis ? r irranat ion in employment which may include submission of er tain 'reports prior to and/or after award. 'InnecUon with the administration of this clause, yi)t; inlay ry Hut red, prim. award, to submit the names of your subcon- tr.ictors who milli perform services for you tinder the contract A warded to yoiJ? ue stions y*1.1 en.i .hAve conceKaittig.these, nondciir ,Inzatt,?;. rtAit,arennents should be referred to the office itasuing this invi tiAita-fr Of PIERAI. SIERVWES At964041$7i4 Approved For Release 2003/04/29 : CIA-RDP86-01019R0001002500017 N0 I I 1 fJP. Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 6 S AAFF PR"68113 9 GENERAL SERVICES ADMINISTRATION PUBLIC BUILDINGS SERVICE SECTION 0010 GENERAL CONDITIONS 1. DEFINITIONS .1.1 The terms "Administration" and "Service" as used in this contract shall mean the Central Services Administration (GSA) and the Public Buildings Service (PBS), respectively. 2. AUTHORITIES AND LIMITATIONS 2.1 All work shall be performed under the general direction of the Contracting Officer, or in his absence the person designated to perform the function of Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested in him by the con- tract documents, except that he shall have the right to designate nuthorized representatives to act for him. Wherever any provision In this contract specifies an individual (such as, but not limited to, Construction Engineer, Resident Engineer, Inspector or Custodian) or organization, whether Governmental or private, to perform any act on behalf of or in the interests of the Government, that indi- vidual or organization shall be deemed to be the Contracting Offi- cer's authorized representative under this contract but only to the extent so specified. The Contracting Officer may, at any time dur- ing the performsnee of this contract, vest in any such authorized representatives additional power and authority to act for him or designate additional authorized representatives, specifying the ex- tent of their authority to act for him; a copy of each document vesting additional authority in an authorized representative or designating on additional authorized representative shall be fur- nished to the Contractor. 2.2 The Contractor shall perform the contract in accordance with any order (including hut not limited to instruction, direction, in- terpretation or determination) issued by an authorized representa- tive in accordance with his authority to act for the Contracting Officer ; but the Contractor emsumes all the risks and consequences of performing the contract In accordance with any order (includ- ing but not limited to instruction, direction, interpretation or de- termination) of anyone not authorized to issue such order. 3. CONTRACT AND BONDS 3.1 If the successful bidder fails to satisfactorily execute the re- quired forms of contract, performance bond and payment bond within the time eetabliehed in the hid, the Government may pro- ceed to have the required work performed by contract or otherwise, and the bidder to whom award was originally made shall be liable for any excess Nisi, to the Government and the bid guarantee shall be aveilable toward offsetting such excess cost. 4. WORKING HOURS 4.1 It is conternplstsel that all work will be performed during the customary working hours of the trades involved unless otherwise specified in this contract. Work performed by the Contractor at his own volition outside such customary working hours shall be at no additional expense to the Government. 4.2 Any requests received by the Contractor from occupants of existing buildings to change the hours of work shall be referred to Ihe Contracting Officer for determination. 5. USE OF PREMISES 5.1 If the premises are occupied, the Contractor, his subcon- tractors, and their employees shall comply with the regulations governing access to, operation of, and conduct while in or on the premises and shall perform the work required under this contract In such a manner as not to unreasonably interrupt or interfere with the conduct of Government business. 5.2 Any requests received by the Contractor from occupants of existing buildings to change the sequence of work shall be referred to the Contracting Officer for determination. 5.3 If the premises are occupied, the Contractor, his subcon- ? tractors and their employees shall not have access to or be admitted Into any building outside the scope of this contract except with official permission. 6. MEASUREMENTS 6.1 All dimensione shown of existing work and all dimensions required for work that is to connect with work now in place, shall be verified by the Contractor by actual measurement of the existing work. Any discrepancies between the contract requirements and the existing conditions shall be referred to the Contracting Officer be- fore any work affected thereby has been performed. 7. SURVEY MONUMENTS AND BENCH MARKS 7.1 The Coverer-tient has established, or will establish, such gen- eral reference points as will enable the Contractor to proceed with the work. The Contractor will provide new monuments where shown or specified. If the Contractor finds that any previously established reference points have been destroyed or displaced, or that none have been established, he shall promptly notify the Contracting Officer. '7.2 The Contractor shall protect and preserve established bench marks and monuments and shall make no changes in locations without the written approval of the Contracting Officer. Established reference points which may be lost, covered, destroyed or disturbed in the course of performance of the work under this contract or which require shifting because of necessary changes in grades or locations shall, subject to prior approval of the Contracting Officer, be replaced and accurately located or relocated (as appropriate) at the Contractor's expense, by licensed engineer or licensed land surveyor. 7.3 New monuments shall be 6 inches square by 3 feet deep (un- less otherwise specified), of concrete or stone, with a 3-inch copper or brass pin, %-inch in diameter, in the center, and shall be set flush with the ground or pavement in locations indicated on the site plan. 7.4 Monuments will not be required where lines of building(s) are coincident with property lines. 7.5 The Contractor shall verify the figures shown on the survey and site plan before undertaking any construction work and shall be responsible for the accuracy of the finished work. 7.6 After completion of construction and prior c final payment, the Contractor shall furnish the Government blueprints (in tripli- cate) of plats showing the exact location of construction survey monuments with reference to true propert! laws S. BUILDING CODES, FEES AND CHAR, ?ES 8.1 State and local building codes and reeale. as do not apply to work inside the property lines i f Goverrinentaiwned u?perties but generally do apply to Government-leased rrenerl'es 8.2 The Contractor shall obtain and pay ell fel, alio charges for connections to outside services and for use 7.1t.i. V. outside the site. 9. FEDERAL, STATE AND LOCAL TAXES 9.1 Except as may be otherwise provided ia this iontraet, the contract price includes all applicable Federal. State and local taxes and duties. 9.2 Nevertheless, with respect to any Federal excise tax or duty on the transactions or property covered by this contract, if a statute, court decision, written ruling, or reeulation takes effect after the contract date, and- 9.2.1 Results in the Contractor being required to pay or bear the burden of any such Federal excise tax or duty or increase in the rate thereof which would not otherwise have been payable on such transactions or property, the contract price shall be increased by the amount of such tax or duty or rate increase: Provided, That the Contractor if requeeted by the Contracting Officer, warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price as a contingency reserve or otherwise; or 9.2.2 Results in the Contractor not being required to pay or bear the burden of, or in his obtaining a refund or drawback of, any such Federal excise tax or duty which would otherwise have been payable on such transactions or property or which was the basis of an increase in the contract price, the contract price shall be decreased by the amount of the relief, refund, or drawback, or that amount shall be paid to the Government, as directed by the Contracting Officer. The contract price shall be similarly decreased if the Contractor, through his fault or negligence or his failure to follow instructions of the Contracting Officer, is required to pny or bear the burden of, or does not obtain a refund or drawback of, any such Federal excise tax or duty. 9.3 No adjustment pursuant to paragraph 9.2 above will be made under this contract unless the aggregate amount thereof is or may reasonably be expected to be over $100.00. 9.4 As used in paragraph 9.2 above, the term "contract date" means the date set for the bid opening, or if this is a negotiated contract, the date of this contract. As to additional supplies or services procured by modification to this contract, the term "con- tract dots" means the date of such modification. 9.5 Unless there does not exist any reasonable basis to sustain an exemption, the Government, upon request of the Contractor, without further liability, agrees, except as otherwise provided in this contract, to furnish evidence appropriate to establish exemp- tion from any tax which the Contractor warrants in writing was excluded from the contract price. In addition, the Contracting Offi- cer may furnish' evidence to establish exemption from any tax that may, pursuant to this Clause, give rise to either an increase or de- crease in the contract price. Except as otherwise provided in this contract, evidence appropriate to establish exemption from duties will be furnished only at the discretion of the Contracting Officer. 9.6 The Contractor shall promptly notify the Contracting Officer of matters which will result in either an increase or decrease in the contract price, and shall take action with respect thereto as directed by the Contracting Officer. Approved For Release 2003/04/29 t CIA-RDP86-01019R000100250001-7 Approved For Release 2003/04/29 : CIA-RDP86-01019R000100250001-7 IL lattliCt)NT'ItACTS 10.1 Nothing contained in the contract shall be construed as scesteet any centractsuil relationship between any subcontractor sed r;ov..inftnent lam divisions or sections of the specifications me is t letentled le contrel the contraet.or in dividing the work aeioes atssa?,sstsrs, es to limit the work performed by any trade. Is. tlerdraeler shall las responsiltle to the Government for act. ends oem; of lea 0?,1, employees glad of subcontractors and tilae be responsible for the coordination ;.! tin is., I. he liades, aifficoutracters and suppliers, tool, cviii not undertake to settle any differences Issas, e irrii,i1j/ the Coot rucl,e subtaintractors, or suppliers. s. i".1 ? I Paa: dasa if notice to proceed, tle. Con- s, is tr. and solo ii ti, llii Cr,titracting- Officer for ,.t prearesa chitrt. The chart shall aatesers work aerresponding with those ,aislewe en whisti tes,gresa payments are based: tha t, II,, 4 po otuoseii to earry on the work, the h h.. sill r I, f the sitt