HomeMy WebLinkAboutCC RESO 13,517RESOLUTION NO. 13517
RESOLUTION APPROVING SEWER SERVICE CONTRACT
BETWEEN THE CITY OF NATIONAL CITY AND THE
UNITED STATES NAVY
BE IT RESOLVED by the City Council of the City
of National City, California, that the City Manager is
authorized and directed to execute that certain Negotiated
Sewer Service Contract, between the City of National City
and the United States of America, Department of the Navy,
for the construction of a 21" sewer main serving ship piers
just West of National City and connecting to the Metro
sewer on. Wilson Avenue, South. of Civic Center Drive.
PASSED AND ADOPTED this 24th. day of February, 1981.
MAYOR
ATTEST:
Contract N62474-80-C-5105
DEPART_"ENT OF TM NAVY
NEGOTIATED SEWS SERVICE CONTRACT
Ship Waste Water Collection Ashore
Naval Station, San Diego
Piers 10, 11 and 12
San Diego
(Premises to be served) (City)
California
. (State)
City of National City 1243 National City Blvd., National City, California
(Contractor) (Contractor's address)
Premises are: Government owned
Estimated Annual Cost: $115,645.00
Estimated Connection Charge: $478,218.00
Bills will be rendered in auintuplicate to:
Payments will be made by:
C/O (680) NAVSTA
N624748005105K633870343
P. 0. Box 113 NAVPUBWK
San Diego, California 92136
Disbursing Officer
Naval Supply Center
937 North Harbor Drive
San Diego, California 92132
Communications: All communications regarding this contract shall be
addressed as follows:
Contractor: City of National City
1243 National City Boulevard
National City, California 92050
Government: Commanding Officer (Code 113)
Wester^ Division
Naval Facilities Engineering Command
P. 0. Box 727
San Bruno, California 94066
Page 1 of 2
Contract N62474-80-C-5105
Page 2 of 2
This contract is negotiated pursuant to the authority of 10 U.S.C. 2304(a)(10).
For recurring billing charges: Applicable funds will be cited on
invoices or delivery orders issued
against this contract.
For Connection Charge:
THIS CONTRACT is entered into as of by and
between the UNITED STATES OF AMERICA, hereinafter called the Government,
represented by the Contracting officer executing this contract, and the
City of National City, whose address is 1243 National City Boulevard,
National City, California, hereinafter called the Contractor.
I. SCOPE. Subject to the terms and conditions hereinafter set
forth, the Contractor shall furnish, and the Government shall purchase
and receive, sewerage service (hereinafter called service) requested by
the Government from the Contractor at the premises to be served hereunder
(hereinafter calledthe service location), in accordance with the General
and Technical Provisions and the sewerage service specifications attached
hereto and made a part hereof.
II. TERM. This contract shall continue in effect until terminated
at the option of either party by the giving of written notice not less
than ninety (90) days in advance of the effective date of termination.
IN WITNESS WBEREOF, the parties hereto have executed this contract
as of the day and year first above written.
CITY OF NATIONAL CITY
(Name of Contractor)
TOM G. McCABE
(typed name)
CITY MANAGER
(title)
UNITED STATES OF AMERICA
BY
(signature and date)
(typed name)
for Commander, Naval Facilities
Engineering Command
Contracting Officer
Attached to and made a part of
Contract N6247l-80-C-5105 -
Page 1 of 1+
TECHNICAL AND GENERAL PROVISIONS FOR UTILITY SERVICE
I. TECHNICAL PROVISIONS
1. DCASUREMIT OF SERVICE.
(a) All service furnished by the Contractor shall be measured
by metering equipment of standard manufacture, furnished, installed,
maintained and calibrated by the Government and read by the Contractor.
When more than a single meter is installed at the service location, the
readings thereof shall be billed conjunctively. In the event that any
meter fails to register or registers incorrectly, the quantity of service
delivered through it during that period shall be determined and an equit-
able adjustment based thereon shall be made in the Government's bills (for
this purpose any meter which registers not more than two (2) percent slow
or fast shall be deemed correct). Failure to agree on any adjustment shall
be a dispute concerning a question of fact within the meaning of the
"Disputes" clause of this contract.
(b) The Contractor shall read all meters at periodic intervals of
approximately thirty (30) days. All billings based on meter rearlirgs of
less than twenty-seven (27) days or more than thirty-two (32) days shall
be prorated accordingly.
II. GAL PROVISIONS
1. PAYMENT.
(a) The Contractor shall be paid by the designated disbursing
officer for service furnished hereunder at the rates specified; provided,
that the Government shall be liable for the minimum monthly charge specified
in this contract commencing with the billing period in which service is
initially furnished and continuing until this contract is terminated, except
that the minimum monthly charge shall be equitably prorated for the billing
period in which commencement and termination of this contract shall become
effective.
(b) Payments hereunder shall be contingent upon the availability
of appropriations therefor, and shall not be made in advance of the service
rendered.
(c) All bills for service shall be paid without penalty or interest
if paid within sixty (60) days of receipt, and the Government shall be
entitled to any discounts customarily applicable to payment .of bills by all
customers of the Contractor.
(d) Invoices for service rendered hereunder shp11 contain statements
of the meter readings at the .beginning of the billing period, meter constants,
consumption during the billing period, and such other pertinent data as shall
be required by the Government.
Attached to and maae a part of
Contract N6247l-60-C-5105
Page 2 of 4
(e) The Contractorhereby declares that -rates are not in 'excess of
the lowest rates now available to any existing or prospective customer under
like conditions of service, or of the same classification, aad agrees that
during the life of this contract the Government shall continue to be billed
at the lowest available rate for similar conditions of service.
2. RATES AND CHARGES.
(a) For all service furnished under this contract to the service
location the Government shall pay the Contractor at the rates specified
in the rate schedule, FvHibit "A", attached hereto and made a part hereof.
(b) For purposes of charges under this paragraph 2, any do.mmrds
due to faulty operation of, or to excessive or fluctuating pressure on,
the Contractor's system sh01.11 not be included as part of the Government's
demand.
3. CHANGE OF RATES.
(a). At the request of either party to this contract with
reasonable cause, the rates set forth herein shall be renegotiated
mad the new rates shall become effective as mutually agreed —provided
that any rates so negotiated shall not be in excess of rates to any
other customer of the Contractor under similar conditions of service.
(b) No increase, unless renegotiated as provided in Fmmbit "A".
attached hereto, shall be requested in the contract rates unless either
a "change" as defined in paragraph II.4, herein, or unless the Contractor
has placed into effect a general rate increase to all of his customers
under similar conditions of service.
4. CHANGE IN VOLUME OR CHARACTER OF SERVICE.
The Contracting Officer shall give reasonable notice to the
Contractor respecting any material changes anticipated in the volume
or characteristics of the utility service required at each location.
5. CONTINUITY OF SERVICE AND CONSUMPTION.
(a) The Contractor shA11 use reasonable diligence to provide a
regular and uninterrupted supply of service at the service location, but
shall not be liable to the Government for damages, breach of contract, or
otherwise, for failure, suspension, ciim4•sution, or other variations of
service occasioned by any cause beyond the control and without the fault
or negligence of the Contractor. Such causes may include, but are not
restricted to, acts of God or the public enemy, acts of the Government
in either its sovereign or contractual capacity, fires, floods, epidemics,
quarantine restrictions, strikes, or failure or breakdown of transmission
or other facilities; -provided, that when any failure, suspension, diminu-
tion, or variation of service shall aggregate more than forty-eight (48)
hours during any billing period hereunder, an equitable adjustment shall
be made in the minimum monthly charge.
Attached to and made a part of
Contract N624T4-80-C-5105
Page 3 of 4
(b) In the event the Government is unable to operate the service
location in whole or in part for any cause beyond its control and without
its fault or negligence, including but not restricted to acts of God or
the public enemy, fires, floods, epidemics, quarantine restrictions, or
strikes, an equitable adjustment shall be made in the minimums monthly
charge, if the period during which the Government is unable to operate
the service location in whole or in part shall exceed fifteen (15) days
during any billing period hereunder.
6. CONTRACTOR'S FACILITIES.
(a) Upon completion, by the Government, of the facilities
required to furnish services hereunder, the Government will pass title
to these facilities to the Contractor. A description of these facilities
is attached hereto and made a part hereof asM;bit "D". The Contractor,
at his expense, shall operate and maintain all facilities required to
furnish service hereunder. Title to all of these facilities shall remain
in the Contractor and he shall be responsible for all loss of or damage to
those facilities except that arising out of the fault of or the negligence
of the Government, its agents or its employees. All taxes and other charges
in connection therewith, together with all liability arising out of the
negligence of the Contractor in the operation and/or maintenance of these
facilities, shall be assumed by the Contractor.
(b) The Government hereby grants to the Contractor, free of
any rental or similar charge, but subject to the limitations specified
in this contract, a revocable permit to enter the service location for
any proper purpose under this contract, including the use of the site
or sites agreed upon by the parties hereto for the operation and main-
tenance of the facilities of the Contractor required to be located upon
Government premises. Authorized representatives of the Contractor will
be allowed access to the facilities of the Government at suitable times
to Derform the obligations of the Contractor with respect to these
facilities. It is expressly understood that the Government may limit
or restrict the right of access herein granted in any manner considered
to be necessary for the national security.
7. CONFLICTS.
To the extent of any inconsistency between the provisions of this
contract, and the provisions of any schedule, rider, or exhibit incorporated
in this contract by reference or otherwise, the provisions of this contract
shall control.
8. CONNECTION (CAPACITY) CHARGE.
(a) Charge. In consideration of the furnishing by the Contractor
at his expense of Government participation in the Contractor's previously
purchased capacity in the City of San Diego sewage system, the Government
shall pay the Contractor, as a connection charge, after receipt of
Attached to and made a part of
Contract N62474-80-C-5105
Page 4 of 4
satisfactory evidence ofcompletion of the connection, the sum of
$478,218.00, provided that as a condition precedent to final payment,
the Contractor, if required by the Contracting Officer, shall execute
a release in terms acceptable to the Contracting Officer of any claims
of the Contractor against the Government arising under or by virtue
of the connection.
(b) Ownership, Operation, and Maintenance of New Facilities.
Notwithstanding the payment by the Government of a connection charge,
the facilities as described in Exhibit "C" shall remain the property
of the Contractor, and, at all times during the life of this contract
or any renewals thereof, shall be operated and maintained by the
Contractor at his expense.
(c) Termination Prior to Completion of Facilities. The
Government reserves the right to terminate, by written notice to the
Contractor, this contract at any time prior to the completion of the
facilities provided for herein with respect to which the Government
is to pay a connection charge. In the event the Government -exercises
this right, the Contractor shall be paid fair compensation, exclusive
of profit, with respect to these facilities, and the Contractor's real
property affected by the installation of the facilities shall be restored
to their origin condition, ordinary wear and tear excepted, by the
Government at its expense. Work to commence restoration shall commence
within sixty (6o) days of receipt of written notice of termination.
Failure to commence work within sixty (60) days will, upon written
notice to the Government, give the Contractor the right to restore
the property and the Government shall pay the cost thereof as allowed
and set forth in Defense Acquisition Regulation 15-711, and subject to
verification by Government audit.
9. ADDITIONAL GENERAL PROVISIONS (UTILITY SERVICE CONTRACT).
All as attached to and made a part of Contract N62474-80-C-5105.
Attached to and made a part of
Contract N62474-80-C-5105
SEWERAGE SERVICE SPECIFICATIONS
1. PREMISES TO BE SERVED: Ship Waste Water Collection Ashore
Piers 10, 11 and 12
Naval Station
San Diego, California
2. ESTIMATED SERVICE:
Estimated Average Flow: 732,340 gallons/day
Estimated Maximum Peak Flow: 1,098,510 gallons/day
Estimated Annual Volume: 267,304,100 gallons
(The Government is in no way obligated to deliver nor
is it restricted to the above requirements).
3. SERVICE TO BE RENDERED:
The City of National City agrees to accept sewage flow from the
Ship Waste Water Collection Ashore (Piers 10, 11 and 12), Naval
Station, San Diego into the City of National City sewage system
for transportation to the City of Saa Diego for treatment, upon
completion of the Navy sewer transmission line.
The Contractor shall furnish a sanitary sewer connection and
sanitary sewerage service as required by the Government and
shall receive and carry all sanitary sewage originating at the
project in such amounts as the Government desires to release
into the Contractor's sewer system subject to capacity limita-
tions allocated to the Navy as stated in Paragraph 2 above, and
Exhibit "A", attached hereto and made a part hereof, and in a
manner and by such means as will constitute no hazard to the
public health. The Contractor sha'1 operate its sewage disposal
facilities in conformity with applicable laws, rules, and regula-
tions promulgated by Federal, State and local authorities.
The quality of sewage and waste water delivered by the Government
to the Contractor shall be in accordance with pretreatment standards
as established by the U. S. Environmental Protection Agency.
4. POINVT OF DELIVERY. The sewage shall be delivered to the Contractor
by the Government at the point labeled Point "A" on Exhibit "C".
attached hereto and made a part hereof.
5. SIZE OF SEWER. TO POINT OF DEL1vr�ttY: Twenty-one (21) inches diameter.
TIBIT "A"
RATE SCEZDULE
Attached to and made a part of
Contract t62474-80-C-5105
Page 1 of 2
A. Contractor's Guarantee of Service. The Contractor guarantees and
reserves to the Government at all times a 732,340 gallon per day
average flow and a 1.098 million gallon per day instantaneous flow
in the existing City of National City sewer transportation system
and in any future sewage systems that may replace or augment the
present sewer system.
B. Compensation to Contractor.
1. The Government shall pay to the Contractor, not more frequently
than monthly, and not in advance, the Government's share of the
Contractor's cost of operating and maintaining Contractor's facili-
ties for transportation of sewage to the extent provided for herein.
Operation and maintenance costs as used herein shall include all
operating expenses and all expenditures for maintenance, repair, and
replacement of said facilities. Such costs shall be limited to
such costs termed "allowable" as set forth in Defense Acquisition
Regulation 15-711 which are directly attributable to the operation
and maintenance or replacement of the existing sewer system. The
foregoing shall be computed by the Contractor in accordance with
generally accepted accounting practices and principles.
2. The Government shall have the right to inspect at all reasonable
times the Contractor's records in respect of such costs and to obtain
from the Contractor his calculations upon which such charges are
based.
3. The Contractor shall notify the Government, as far in advance as
_ possible, of any plans for improvements to the transportation system.
•
TEIT "A" (continued)
Attached to and made a part of
Contract N62474-80-C-5105
?age 2 of 2
C. Rate. The rate ,show below will apply for the first year after
Government connection to the National City sewer system. The rate
will be renegotiated annually based on the Contractor's actual
operation and maintenance costs for the preceding twelve (12) month
period of operations in accordance with the City of National City
fiscal year and based on actual flows of the Navy and the City of
National City for the preceding twelve (12) month period. The
renegotiated rate shall be adjusted to give credit for or charge
for the difference between the rate and the actual cost:
Operation and Maintenance
San Diego Cost
National City Cost
Unit Cost-
$246.44 per million gallons2
$134.27 per million gallons3
Capacity Charge -
San Diego Metro $ 51.93 per million gallons4
TOTAL RATE: $432.64 per million gallons
D. Minimum Monthly Charge. A minimum monthly charge equal to twenty-five
(25) percent of the estimated average daily flow multiplied by the
total cost per unit will be charged under this contract, upon commence-
ment of service.
Footnotes:
1 - Subject to negotiation and adjustment based on DCAA Audit findings.
2 - The basis of this charge is the 0 & M charge from the City of San Diego
to the City of National City for the operation and maintenance of the
City of San Diego Metro sewer system. This is a direct pass through
charge from the City of San Diego.
3 - The basis of this charge is the unit cost of 0 & M of the entire
National City sewer system of $593-77 per million gallons multiplied
by the percent of the system supporting the Navy that is required to
be maintained by the Contractor.
4 - The basis of this charge is the retirement of debt incurred by the City of
San Diego due to initial construction of the sewer system. The Navy portion
is determined, for the initial year of service, by dividing the estimated
annual Navy flow by the annual National City flow and multiplying the result
by the annual charge of $85,290. For subsequent years, the Navy portion will
be determined by dividing the Navy's previous year actual flow by National
City's previous year actual flow and multiplying the result by the applicable
annual charge. This is a prorate amount of the direct pass through charge
from the City of San Diego.
Attached to and made a part of
Contract N62t+7440-C-5105 .
=HIBIT 'TB"
CONNECTION/CAPACITY CHARGE:
Ship Waste Water Collection Ashore
Piers 10, 11 and 12
Naval Station, San Diego, California
Navy's share of existing City of National
City sewage transportation facilities and
reserving a capacity in the system of
732,31+0 gallons per day average flow and
with maximum peak flow of one point five
(1.5) times the average daily flow
(1,098,510):
$478 , 218.00
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Attached to and made a part of
Contract J62474-2C-C-5105
ECHIBIT "0"
(this page will be replaced with a construction drawing in
the final draft of this contract)...
WCIFIMPAIZENUE
Attached to and made a part of
Contract N62474-a0-C-5105
ADDITIONAL GENERAL PROVISIONS
C 6-80) (UTILIT': SERVICE CONTRACT)
1. DEFINITIONS (1979 MAR)
As used throughout this contract, the following tars shall have the meaning
set forth below:
(a) The term "Head of the Agency" or "Secretary" means the Secretary,
the Under Secretary, any Assistant Secretary, or any other head or assistant
head of the executive or military department or other Federal agency; and the
term "his duly authorized representative" means any person or persons or
board (other than the Contracting officer) authorized to act for the Head of the
Agency or the Secretary.
(b) The term "Contracting Officer" means the person executing this con-
tract on behalf of the Government, and any other officer or civilian employee
who is a properly designated Contracting Officer; and the term includes, ex-
cept as otherwise provided in this contract, the authorized representative of a
Contracting Officer acting within the limits of his authority.
Cc) Except as otherwise provided to this contract, the term "subcontract"
includes but is not limited to purchase orders, changes and/or modifications
thereto. (DAR 7-103.1)
2. ASSIGNMENT OF CLAIMS (1962 FEZ)
(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 this contract provides for pay-
ments aggregating $1,000 or more, claims for monies due or to become due the
Contractor from the Government under this contract may be assigned to a bank,
trust company, or other financing institution, including any Federal lending
agency, and may thereafter be further assigned and reassigned to any such
institution. Any such assignment or reassignnnent shall cover all amounts
payable under this contract and mot already paid, and shall not be rade to
more than one party, except that any such assig rent or reassignment may be
made to one party as agent or trustee for two or more parties participating
in such financing.
(b) In no event shall copies of this contract or 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
claim arising under this contract or to any other person not entitled to
receive the sane.• However, a copy of any part or all of this contract so
marked may be furnished, or any information contained therein nay b.e.disclosed,
to such assignee upon the prior written authorization of the Contracting Officer.
During tine of war or national emergency, add the following sentence to the
end of paragraph (a):
"Unless otherwise provided in this contract, payments to an assignee of any
monies due or t0 become due under this contract shall not, to the extent pro-
vided in said Act, as amended, be subject to reduction or set-off." (DAP 7-103.3)
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6. MILITARY S-ZCrRIT? REQUIREMENTS (1971 APR)
(a) The provisions of this clause shall apply to the extent that
this contract involves access to information classified "Confidential,"
"Secret" or "Top Secret."
(b) The Contractor shall comply with (i) the Security Agreement (DD
Form 441), including the attached Department of Defense Industrial Security
Manual for Safeguarding Classified Information (DOD 5220.22-M); and (ii) any
revisions thereto, notice of which has been furnished to the Contractor.
(c) If, subsequent to the date of this contract, the security class-
ification or security -requirements under this contract are changed by the
Government as provided in this clause and the security costs or time re-
quired for delivery under this contract are thereby increased or decreased,
the contract price, delivery schedule, or both and any other provision of the
contract that may be affected shall be subject to an equitable adjustment by
reason of such increased or decreased costs. Any equitable adjustment shall
be accomplished in the same mAT-ter as if such changes were directed under the
"Changes" clause of this contract.
(d) The Contrractor agrees to insert in all subcontracts hereunder
which involve access to classified information, provisions which shall conform
substantially to the language of this clause, including this paragraph (d)
but excluding the last sentence of paragraph (c) of this clause. (DA 7-104.12)
7. Ry'"I CATION OF RECORDS 3Y COMPTROt Z GE J..L (1975 JUN)
Ca) This clause is applicable if the amount of -this contract exceeds
$10,000 and was entered into by means of negotiation, including small busi-
ness restricted advertising, but is not applicable if
entered into by means of formal advertising. this contract was
(b) The Contractor agrees that the Comptroller General of the United
States or any of his duly authorized representatives shall, until the ex-
piration of three years -after final payment under this contract or such
lesser time specified in either Appendix :i of the Defense Acquisition
Regulation or the Federal Procurement Regulations Part 1-20, as appropriate,
have access to and the right to a' « -.e any directly pertinent books, documents,
papers, and records of the Contractor involving transactions related to this
Contract.
Cc) The Contractor further agrees to include in all his subcontracts
hereunder a provision to the- effect that the subcontractor agrees that the
Comptroller General of the United States or any of his duly authorized re-
presentatives shall, until the expiration of three years after f'na7. payment
under the subcontract or such lesser time specified in either Appendix u'of
the Defense Acquisition Regulation or the Federal Procurement Regula-
tions Part 1-20, as appropriate, have access to and the right to examin. any
directly -pertinent books, documents, papers, and records of such subcontractor,
involving transactions related to the subcontract. The term "subcontract" as
used in this clause excludespurchaseexceeding ng (, ; )
C-) orders not Yc____ � 410,000 L_
subcontracts or purchase orders for public utility services at rates established
for uniform applicability to the general public.
(d) The periods of access and examination described in (b) and (c) above
for records which relate to Ci) appeals under the "Disputes" clause of this
contract, (±i) litigation or the settlement of claims arising out of the
performance or this contract, or Ciii) 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 disposed of. (DAR 7-104.15)
8. GRATUITIES (1952 MAR)
(a) The Government may, by written notice to the Contractor, texminat=
the right of the Contractor to proceed under this contract if it is found
after notice and hearing, by the Secretary or his duly authorized represen-
tative, that gratuities (in the for of entertainment, gifts, or otherwise)
were.offered or given by the Contractor, or any agent or representative of
the Contractor, to any officer or'employee of the Government with a view
toward securing a contract or securing favorable treatment with respect
to the performing of such contract; provided, that the existence of the
facts upon which the Secretary or his duly authorized representative rakes
such findings shall be to issue and may be reviewed in any competent
court.
Co) In the event this contract is terminated as provided in paragraph
(a) hereof, the Government shall be entitled (i) to pursue the same remedies
against the Contractor as it could pursue in the event of a breach of the
contract by the Contractor, and (Li) as a penalty in addition to any other
damages to which it may be entitled by law, to exemplary damages in an
amount (as determined by the Secretary or his duly authorized representative)
which shall be not less than three, or more than ten ties the costs incurred
by the Contractor iM providing any such gratuities to any such officer or
employee.
Cc). The rights and remedies of the Government provided in this clause
shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this contract. (DAR 7-104.16)
9. 3Ti AMERICAN ACT (1964 MAY)
(a) In acquiring end products, the Buy American Act (41 U.S.C. 10a-d)
provides that the Government give preference to domestic source end products.
For the purpose of this clause
(i) "components" -means those articles, materials, and supplies,
which are directly incorporated in the end products;
Cii). "end products" means those articles, materials, and supplies,
which are to be acquired under this contract for public use; and
Ciii) a "domestic sourca end product" means (A) an ur-+Arufactured
end product which has been mined or produced in the United States and (3)
an end product manufactured in the United States if the cast of the
components thereof which are mined, produced, or manufactured in the United
States or Canada exceeds 50 percent of the cost of all its components. For
the purposes of this Ca) (iii) (3) , componeits of foreign origin of the same
type or kind as the products referred to in (b) (ii) or (tit) of this clause
shall be treated as components fined, produced, or manufactured in the United
States.
(b) The Contractor agrees that there will be delivered under this
contract only domestic source end products, except end products:
(i) which are for use outside the United States;
(if.) which the Government dete nines are not mined, produced, or
manufactured in the United States in sufficient and reasonably available
commercial quantities and of a satisfactory quality;
(iii) as to which the Secretary determines the domestic preference
to be inconsistent with the public ipterest; or
Civ) as to which the Secretary determines the cost to the Goverment
to be reasonable. (DAR 7-104.3)
10. CON ICT LABOR C1975 OCT)
In connection with the performance of work under this contract, the
Contractor agrees not to employ any- person' undergoing sentence of
imprisonment except as provided by Public Law 89-176, September 10, 1965
(18 Q.S.C. 4082(c)(2)) and Executive Order 11755, December 29, 1973. (DAR 7-104.17)
11. CONTRACT WORM FOURS AND SAF=RT? STANDARDS ACT-OVZETI CO.`.TETSAT_OV
C1971 NOV)
This contract, to the extent -that it is of a character specified in
the Contract Work Routs and Safety Standards Act (40 U.S.C. 327-333), is
subject to the following provisions and to all other applicable provisions
and exceptions of such Act and the regulations of the Secretary of Labor
thereunder.
Ca) Overtime requirements. No Contractor or subcontractor contracting
for any part of the contract work which may require or involve the employment
of laborers or mechanics shall require or -permit any laborer or mechanic is
any workweek in which he is employed on such work, to work in excess of eight
hours in any calendar day or in excess of forty hours in such workweek on
work subject to the provisions of the Contract Work sours and Safety Standards
Act, unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times his basic rate of'pay for all such. hours worked
is excess of eight hours in any calendar day, or in excess of forty hours
in, such workweek, whichever is the greater number of overtime hours.
Cb) Violation; liability for unpaid wages; liquidated damages. In
the event of any violation of the provisions of paragraph Ca), the Contractor
and any subcontractor responsible therefor'shall be liable to any affected
employee for his unpaid wages. In addition, such Contractor and subcontractor
shall be liable to the United States for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or
mechanic employed is violation of'the provisions of paragraph (a) in the
sum of $10.for each calendar day on which such employee was required or permitted to
be employed on such work in excess of eight hours, or in excess of his
standard workweek of forty hours without payment of the overtime wages
required by paragraph Ca)
5 of 15
(c) Withholding for unpaid wages and liquidated damages. The Con-
tracting Officer may withhold from the Government ?rime Contractor, from
any monies payable on account of work performed by the Contractor or sub-
contractor, such sums as may ad-ni^jstratively be determined to be necessary
to satisfy any liabilities of such Contractor or subcontractor for unpaid
wages and liquidated damages as provided in the provisions of paragraph (b).
Cd) Subcontracts. The Contractor shall insert paragraphs (a) through
Cd) of this clause in all subcontracts, and shall require their inclusion
in all subcontracts of any tier.
CO Records. The Contractor' shall maintain payroll records containing
the iafornatton specified in 29 CFR 516.2(a). Such records shall be preserved
for three years from.the comnletion'of.the Contract. (DAR 7-103.16)
12. EQUAL, 0PPOR.u. TT (1978 SEP)
(Lf, during any twelve (12) month period (including the 12 nonths pre-
ceding the award of this contract), the Contractor has been or is awarded
Federal contracts andfor'subcontracts which have an aggregate value is excess
of $10.000, the Contractor' shall comply with (1) through (71 below. Upon
request, the Contractor shall provide information necessary to determine the
applicability of this clause.)
During the performance of this contract, the Contractor agrees as follows:
01) The Contractor will not discrininatagainst any employee or applicant
for employment because of race, color; religion, sex, or national origin. The
Contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without 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'recruitnent advertising: layoff or termination,
rates of pay or other forms of compensation; and selection for training,
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.
(2) The Contractor will, in all. solicitations or•adve_rtisements
for employees placed by or'on bP4,az* of the Contractor, state that all
qualified applicants -will receive consideration for employment without
regard to their race, color, religion, sex, or national origin.
01 The Contractor will send to each labor union or representative
of workers with which he has a. collective bargaining agreement or other con-
tract or understanding a notice to be. provided by the agency Contracting
Officer, advising the labor'union or workers' representative of the con-
tractor's commitments under this Equal Opportunity clause and shall post
copies of the notice is conspicuous places available to employees and
applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order
No. 11246 of September 24, 1965, as amended by Executive Order No. 11373 of
October 13, 1967, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(5) 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 compliance with
such rules, regulations and orders.
(6) In the event of the Contractor's noncompliance with the Equal
Opportunity clause of this.contract or with any of the said rules, regu-
lations, or orders, this contract may be canceled, terminated or suspended
in whole or in part, and the Contractor may be declared ineligible for fur-
ther Government contracts in accordance with procedures authorized in
Executive Order No. 11246 of September 24, 1963, as amended by Executive
Order No. 11375. of October 13, 1967, and such other sanctions may be im-
posed and remedies invoked as provided in. Executive Order No. 11246 of
September 24, 1963, as amended by Executive Order No. 11375 of October 13,
1967, or by rules, regulation; or order of the Secretary of Labor, or as
otherwise provided by law.
(7) The Contractor will include the provisions of Paragraphs (1)
through (7) is every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued.pursuant to section
204 of Executive Order No. 11246 of September 24; 1963, as amended by Execu-
tive 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 with respect to any subcontract or purchase order as the contracting
agency may direct as a means of enforcing such provisions including sanc-
tions for noncompliance; Provided, however, that in the event the Con-
tractor becomes involved in, or is threatened with, ligitatioa with a sub-
contractor or vendor as a result of such direction by the contracting
agency, the Contractor may request the United States to enter into such
litigation to protect the interests of the United States. (r?s 7-103.18)
13. A_FFTZM4TTVE ?CTTONFOR . DTSA;LED VETERANS AND V,'TERtNS OF _ V't"TNAm
ERA (1976 SUL)
(a) The Contractor will, not discrini ate against any employee or
applicant for emp loynent Because he or she is a disabled veteran or veteran
of the Vietnam era in regard to any position for which the employee or
applicant for employment is qualified. The Contractor agrees to take affir-
mative action to employ, advance in employment and otherwise treat qualified
disabled veterans and veterans of the Vietnam era without discrimination
based upon their disabilityor veterans' status all employae_�st practices
such as the following -employment upgrading, demotion or transfer, recruit-
ment, advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
7 of 16
(b) The Contractor agrees that all suitable employment openings of
the Contractor which exist at the time of the execution of this contract and
those which occur during the performance of this contract, including those
not generated by this contract and including those occurring at an establish -
meat of the Contractor other than the one wherein the contract is being per-
formed but excluding those of independently operated corporate affiliates,
shall be listed at an appropriate local office of the State employment ser-
vice system wherein the opening occurs. The Contractor further agrees to
provide such reports to such local office regarding employment openings and
hires as•may be required. State and local government agencies holding
Federal contracts of $10,000 or more shall also list all their suitable
openings with the appropriate office of the State employment service, but
are not required to provide those reports set forth in paragraphs (d) and
Ca)_.
(cI Listing of employment openings with the employment service system
pursuant to this clause shall be made at least concurrently with the use of
any other recruitment source or effort and shall involve the normal obligations
which attach to the placing of a bona fide job order, including the acceptance
of referrals of veterans and nonveterans. The.. listing of employment openings
does not require the hiring of any particular job applicant or from any par-
ticular group of job applicants, and nothing herein is intended to relieve
the Contractor from any requirements in Executive Orders or regulations re-
garding nondiscriminat;on in employment.
(d) The reports required by paragraph (b) 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 hiring location iz a State, with the central office of
that State employment service. Such reports shall indicate for each hiring
location C:i) the number of individuals hired during the reporting -period,
(ii) the number of nondisabled veterans of the Vietnam era hired, (iii) the
number of disabled veterans ofthe Vietnam era hired, and (iv) the total
number of disabled veterans hired. The reports should include covered
veterans hired for on-the-jjob traj ±,ng under 38 U.S.C. 1787. The Con-
tractor shall submit a report within thirty (30) days after the end of
each reporting period wherein any performance is made on this contract
identifying -data for each. hirg location. The Contractor shall maintain
at each hiring location copies of the reports submitted until the expira-
tion of. one year after final payment under the contract, during which time
these reports and related documentation shall be made available, upon re-
quest, for P.t. -+ation by any authorized -representatives of the Contract-
ing Officer or of the Secretary of Labor: Documentation would include
personnel records respecting job opm7f gs, recruitment and placement.
(e) *Whenever the Contractor becomes contractually bound to the list-
ing provisions of this clause, it shall advise the employment service system
in each State where it has establishment of the name and location of each
hiring location in the State. As long as the Contractor is contractually
bound to'these provisions and has so advised the State system, there is no
need to advise the State system of subse?uent contracts. The Contractor
may advise the State system when it is no longer bound by this contract
clause.
8 of 16
(f) This clause does nor apply to the listing of employment openings
which occur and are filled outside of the 50 States, the District of Columbia,
Puerto Rico, Guam, and the Virgin Islands.
(g) The provisions of paragraphs (b), (c), (d) and (a) of this clause
do not apply to openings which the Contractor proposes to fill from within
his own organization or to fill pursuant to a customary and traditional
employer -union hiring arangement. This exclusion does not apply to a
particular opening once an employer decides to consider applicants outside
of his own organization or employer -union arrangement for that opening.
(h) As used in this clause:
(i) ("All suitable employment openings" includes, but is not
limited to, openings which occur in the following job categories: pro-
duction and nonnroduction; plant and office; laborers and mechanics;
supervisory and nonsupervisory; technical; and executive, administrative,
and professional -openings as are compensated on a salary basis of lass than
$25,000 per year. This tars includes full-time employment, temporary em-
ployment of more that three C3) days duration, and part -tine employment.
It does not include openings which the Contractor proposes to fill from
within his owzi organization or to fill pursuant to a customary and tradi-
tional employer -union hiring arrangement nor openings in as educational
institution which are restricted to students of that institution. Under
the most compelling circumstances an employment opening may not be suit-
able for listing, including such situations where the needs of the Gover-
ment cannot reasonably,be•othervsse supplied, where listing would be con-
trary co national security, or where the requirement of listing would other-
wise not be for the best interest of the Government.
(ii) "Appropriate office of the state employment service system"
means the local' office of the Federal -State national system of public em-
ployment offices with assigned responsibility for serving the area where
the employment opening is to be filled, including the District of Columbia,
Guam, Puerto Rico, and the Virgin islands. .
(ill) "CpP'7'r gs which the Contractor proposes to fill from with-
in his own organization" means employment openings for which no consideration
will be given to persons outside the Contractor's organization (including
any affiliates, subsidiaries, and -the parent companies) and includes any
openings which the Contractor proposes to.fill from regularly established
"recap" lists.
C±v) "Openings which the Contractor proposes to fill pursuant
to,a customary and traditional employer -union airing arrangement" nears em-
ployment openings which the Contractor proposes to fill from union halls,
which is part of the customary and traditional hiring relationship which
exists between the Contractor and representatives of his employees.
(i) The Contractor agrees.to comply with the :ales, regulations, and
relevant orders of .the Secretary of Labor issued pursuant to the Vietnam
mra Veterans' Readjustment Assistance Act, hereinafter referred to as the
"Act" (38 U.S.C. 2012).
(j) In, the -event of the Contractor's noncompliance with the require-
ments of this clause, actions for noncompliance may be taken in accordance
with the rules, regulations, and relevant orders of the Secretary of Labor
issued pursuant to the Act.
C<) The Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices in a form to be pre-
scribed by the Director, Office of Federal Contract Compliance Programs,
provided by or through the Contracting Officer. Such notice shall, state
the Contractor's obligation under the law to take affirmative action to
employ and advance in employment qualified disabled veterans and veterans
of the Vietnam era for employment, and the rights of applicants and employees.
C1) The Contractor will, notify each labor union or representative of
workers with which it. has a collective bargaining agreement or other con-
tract understanding, that the Contractor is bound by the terms of the Act,
and is committed to take affirmative action to employ and advance in em-
ployment qualified disabled veterans and veterans of the Vietnam era.
•
Cm) The Contractor will include the provisions of this clause in
every subcontract or purchase order of $10,000 or more unless exempted
by rules, regulations, or orders of the Secretary issued pursuant to
the Act, so that such provisions will be binding upon each subcontractor
or vendor. The Contractor'will take such action with respect to any sub-
contract or purchase order as the Director of the Office of Federal Con-
tract Compliance Programs may direct to enforce such provisions, includ-
ing action, for noncompliance. CDAR 7-103.27)
14. AFFIRMATIVE ACTION FOR ?.A:VDICAPP 'WORKERS Cw9.r 1975)
Ca) The Contractor will not discriminate against any employee or'
applicant for employment because of physical or mental handicap in regard
to anyposition for which.the employee or applicant for employment is
qualified..
ed.. The Contractor agrees to take affirmative action to employ,
advance in employment and otherwise treat qualified handicapped individuals
without discr+'fi*tat±on based upon,e±ther physical or mental handicap in
all employment practices such as the following: Employment, upgrading,
demotion or transfer, recruitment, advertising, layoff or termination,
rates of pay or other fors of compensation, and selection for training,
including apprenticeship.
Cb) The Contractor agrees to comply with the rules, regulations, and
relevant orders of the Secretary of Labor issued pursuant to the Act.
Cc) Inthe event of the Contractor's non-compliance with the require-
ments of this clause, action for non. -.-compliance may be taken in accordance
with the rules, regulations, and relevant orders of the Secretary of Labor
issued pursuant to the Act.
(d) The Contractor agrees to pest in conspicuous places, available
to employees and applicants for employment, notices in a form to be
prescribed by the Director, provided by or through the Contracting Officer.
Such notices shall state 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 of applicants and
employees.
(e) The Contractor will notify each Labor union or representative
of workers with which it has a collective bargaining agreement or other
contract understanding, that the Contractor is bound by the terms of
Section 503 of the Rehabilitation Act of 1973, and is committed to take
affirmative action to employ and advance in employment physically and
mentally handicapped individuals.
(f) The Contractor will include the provisions of this clause in
every subcontract or purchase order of $2,500 or more unless exempted
by rules, regulations, or orders of the Secretary issued pursuant to
Section 503 of the Act, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the Director of the Office
of Federal Contract Compliance Programs may direct to enforce such provisions,
including action for non=eompTiArce. (DAR 7-103.28)
15. CLEAN AIR AND ' AT24 (1975 OCT)
(Applicable only if the contract exceeds $100,000, or the Contracting
Officer has determined that orders under an indefinite quantity contract
in any one year will exceed $100,000, or a facility to be used has been
the subject of a convection under the Clean Air Act (42 U.S.C. 1857c-8(c),
or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is
listed by EPA, or the contract is not otherwise exempt).
Ca) The Contractor agrees as follows.:
e
Ci) to comply with the requirements of section 114 of the
Clean Air Act, as amended (42 U.S.C. 1857, et seq., as amended by Public
Law 91-804) and section 308 of the Federal Water Pollution Control Act
C33 U.S.C. 1251, as amended by Public Law 92-5001, respectively, relating
to inspection, monitoring, entry, report and information, as well as
other requirements specified ±a 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; -
at) that no portion of the work required by this prize contract
Tail be performed to a facility listed on. the Environmental Protection
Agency List of violating Facilities on the date this contract was awarded
unless and until the EPA eliminates the acme of such facility or facilities
from such listing;
ail) to use his best efforts to comply with clean air standards
and clean water st?*+wards at the facilities in. which the contract is being
performed; and
Civ) to insert the substance of the provisions of this clause
in any non-exempt subcontract, including this paragraph (iv).
11 of 15
(b) The terms used in this clause have the following meanings:
(l.) 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 tern 'Water Act" means Federal Water pollution Control
Act, as amended (33 U.S.C. 1251 et seq., as amended by Public Law 92-500).
C3) The term --"clean air standards" means any enforceable rules,
regulations, guidelines,' standards, limitations, orders, controls, pro-
hibitions, or other requirements -Which are contained-ia, 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
Clean Air Act (42 U.S.C. 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 I12 (d) of the Air Act (42 U.S.C. 1857c-7(d)).
C4) The term "clean -water standards" means any enforceable
limitation; control, condition, prohibition; standard or other require-
ment 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 approved program, as authorized by section 402
of the Water Act (33 U.S.C. 1342), or -by a local government to ensure
compliance with pre-treatment regulations as required by section 307
of the Water Act (33 U.S.C. 1317).
(3) The term "compliant.," means compliance with clean air
or water standards. Compliance shall also mean compliance with a schedule
or plan ordered or approved by a court of competent jurisdiction, the
Environmental Protection'Agencv, or as air or water pollution control
agency, in accordance with the requirement of the Air Act or Water Act
and regulations issued pursuant thereto.
C6) The term "facility" means- any building, plant, installation,
structure, mime, vessel or other floating craft, location, or site of
operations, owned, leased, or supervised ly a contractor, subcontractor,
to be utilized in the performance of a contract or subcontract. Where
a location'or site of operations contains or includes more than one
building, plant, installation, or•structure, the entire location or site
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.
G) The tarn "non-exempt contract or subcontract" means a
contract or subcontract of more than $100,000 which is not otherwise
exempted pursuant to the EPA regulations implementing the Air Act and
Water Act (40 CFR 15.5), as further implemented in DAR I-2302.4 or
in FPR 1-1.2302-4 (whichever is applicable) and the procedures of the
Departme^^..t awarding the contract. (DAR 7-103.29)
12 of 15
16. F"'.BE34.L, STATE AND LOCAL. TAXES (2960 SUL)
(a) As used throughout this clause, the term "contract date" means
the data of this contract. As to additional supplies or services pro-
cured by modification of this contract, the term "contract data" means
the data of such modification.
(b) Except as may be otherwise provided is this contract,
tract price includes, to the extent allocable to this contract,
Federal, State, and local taxes which, on the contract data:
(i) by Constitution, statute, or ordinance, are applicable
to transactions covered by this contract; or to property or interests
is property; or
the con -
all
(ti) pursuant to written ruling or regulation, the authority
charged with acm+nistering any such tax is assessing or applying to,
and is aQt granting or.honoriag as exemption for, a Contractor under
this kind of contract, or the transactions covered by this contract, or
property or interests in property.
(c) Except as may be otherwise provided in. this contract, duties in
effect on the contract data are included in the contract price to the
extent allocable to this contract.
Cd)(1) If the Contractor is required to pay or bear the. burden -
Ci) of any tax or'duty which either was not to be i:cluded in
the contract price pursuant to the requirements of para-
graphs (b) and (c), or of a tax or duty specifically ex-
cluded from the contract price by provision of this contract;
or
of an increase in rate of any tax or duty, whether or net
such tax ir duty was excluded from the contract price; or
of any interest or penalty on any tax or duty referred to
im (i) or (ii) above; the contract price shall be increased
by the amount of'such tax, duty, interest, or penalty allo-
cable to this contract; provided, that the Contractor
warrants in smiting that no amount of such tax, duty, or
rate. increase was included in the contract price as a con-
tingency resew or otherwise; and provided further, that
liability for.such tax, duty, rata increase, interest, or
penalty was not incurred through the fault or negligence
of the Contractor or his failure to follow instructions of
the Contracting Officer.
(2) Ii the Contractor'is not required to pay or bear the burden,
or obtains a refund or drawback, is whole or pert, of any tax, duty,
interest, or penalty which:
Ci) was to be included in the contract price pursuant
to the requirements of paragraphs Co) and Co);
Cii) was included in the contract; cr
Ciii) was the basis of am increase in the contract price;
13 of 16
the contract price shall be decreased by the amount
of such relief, refund, or drawback shall be paid
to the Goverment, as directed by the Contracting
Officer. The contract price also 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 pay or
bear the burden, or does not obtain a refund or
drawback of my such tax, duty, interest, or penalty.
Interest -paid or credited to the Contractor incident
to a refund of taxes shall inure to the benefit of
the Government to the extent thatsuch interest was
earned after the Contractor was paid or reimbursed
by the Government for such taxes.
C3) Invoices or vounchers covering any adjustment of the contract
price pursuant to this paragraph (d) shall set forth the amount thereof
as a separate item and shall identify the particular tax or duty involved.
(4) This paragraph Cd) shall not be applicable to social security
taxes; income and franchise taxes, other than those levied on or measured
by Ci) sales or receipts fromsales, or Cii) the Contractor's possession
of interest in, or use of property, title to which is in the Government;
excess profits taxes; capital stock taxes; unemployment compensation taxes;
or property taxes, other than such property taws, allocable to this con-
tract, or are assessed either on completed. supplies covered by this con-
tract or on the Contractor's possession of; interest it, or usa of property,
title to which is is the Government.
(3) To adjustmeet of less thaw $100. is required to be fade '
the contract price pursuant to this paragraph C_d2.
C4):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 fur-
nish evidence appropriate to establish exemption from any tax which the
Contractor warrants in writing was excluded from the contract price. T..
addition, the Contracting Officer may furnish evidence appropriate to
establish exemption from any tax that may, pursuant to this clause, give
rise to either an increase or'decrease is 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.
(f)(1) The Contractor shall promptly notify the Contracting Officer
of ail matters pertaining to Federal, State, and local taxes, and duties,
that reasonably may be expected to result in either an increase or de-
crease is the contract price.
(2) Whenever an increase or decrease it the contract price may be
required under this clause, the Contractor shall take action as directed
by the Contracting Officer, and the contract price. shall be equitably
adjusted to cover the costs. of such action, including any interest, penalty,
and reasonable attor•ays` fees. (O 2 7-103.10(b))
17. AUDIT 3Y DEPARTMENT OF DEFENSE (1978 AUG)
(a) General. The Contracting Officer or his representatives shall
have the audit and inspection rights described in the applicable paragraphs
(b), Cc) and (d) below.
(b) Fermi' t'on of Costs, I: this is a cost reimbursement type, incentive,
time and materials, labor hour', or price redeterminable contract, or any com-
bination thereof, the Contractor shall maintain, and the Contracting Officer or
his representatives shall have the -right to P^eam;r,e books, records, documents, and
other evidence and accounting procedures and practices, sufficient to reflect
properly all direct and indirect costs of whatever nature claimed to have been
incurred and anticipated to be incurred for the performance of this contract.
Such right of .exmw-+ation'shalZ include inspection at all reasonable times of
the Contractor's plants, or such parts thereof; as may be engaged in the perfor-
mance of this contract.
Cc) Costs and Pricing Data. If the Contractor submitted costs or pricing
data in connection with.the-pricing of this contract or any change or modification
thereto, unless such pricing was based an adequate price competition, established
catalog or market prices of commercial items sold in substantial quantities to
the general public, or prices set'by law or regulation, the Contracting Officer
or his representatives who are employees of.the United States Government shall
have the right to all books, records, documents and other data of the
Contractor related to the negotiation, pricing or performance of such 'contract
change or modification, for the purpose of evaluating the accuracy, completeness
and currency of the cost or pricing data submitted. Additionally, is the case
of pricing any change or modification exceeding $100,000 to formally advertised
contracts, the Comptroller General of the United States or his representatives
who are employees of the United States- Government- shall have such rights. The
right of e_Yaminat4on' shell extend to all documents necessary to permit adequate
evaluation of the cost or pricing data submitted, along with the computations
and projections used therein..
CO Reports. If the Contractor is required to furnish Contractor Cost
Data Reports (CCDR), Contract Fund Status Reports (C?SR), or Cost Performance
Reports (CPR), the Contracting Officer or his representative shall have the
right to ex1r4le books, records, other documents, and supporting materials, for
the purpose of evaluating Ci) the effectiveness of the Contractor's policies and
procedures to produce data compatible with the objectives of these reports, and
(ail the data reported.
Cal Availability. The materials described in (b), Cc) and (d) above
shall be made available at the office of the Contractor, at all reasonable times,
for inspection, audit, or -reproduction, until the expiration of three (3) years
from the date of final payment under this contract or such lesser tines specified
on Appendix M of the Defense Acquisition Regulation, and for such
longer period, if any, as is required by applicable statute, or by other clauses
of this contract, or by (1) and (2) below:
CI) If thiscontract y
is C'rLDlet��' or partially terminated, the records
ralatin to the workterms $terminated shall be made available forperiodt(_)
years from thedata a of::^.nee
of an.•; result'�g final set -lent.
IC
•:
(2) Records which relate to appeals under the "Disputes" clause of
this contract, or litigation, or the settlement of claims arising out of the
performance of this contract, shall be made available until such appeals,
litigation, or claims have been disposed of.
(f) The Contractor shall insert a clause containing all the provisions of
this clause, including this paragraph (f), in all subcontracts exceeding S10,000
hereunder, except altered as necessary for proper identification of the contracting
parties and the Contracting Officer under the Government prime contract.
(DAR 7-104.41)
18. PAYMENT OF INTEREST ON CONTRACTORS' CLAIMS (1976 JUL)
(a) Tf as appeal is filed by the Contractor from final decision of
the Contracting Officer under the DISPUTES clause of this contract, deny-
ing 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 iaterest•shall be at the rate established 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 (i) a
final judgement by a court of competent jurisdiction, or (ii) mailing to
the Contractor of a supplemental agreement for execution either con-
firming completed negotiations between the parties or carrying out a
decision of a board of contract appeals.
(b) Notwithstanding (a):above, (i) interest shall be applied only
from the data payment was due, if such. data is later than the filing of
appeal, and (ii) interest shall tot be paid for any period of tine that
the Contracting Officer determines the Contractor has unduly delayed in
pursuing his remedies -before a board of contract appeals or a court of
.competent jurisdiction. (DAR 7-194.82)