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<br />. <br /> <br />"' <br /> <br />. <br /> <br />contracting Officer without evidence of the Contractor's apPLoval may be <br />returned for [88ubmissian. The Contracting Officer will indicate his approval <br />or disappcoval of the shop duwinqs and if not approved as subaitted shall <br />indicate his reasons therefor. Any work done prior to such approval shalt be <br />at the Conttactoc's dsk. Approval by the Contracting Officer shall not <br />relieve the COntractor fCOA responsibility for any ~[ro[s or omissions in SQCh <br />drawings, noc froll c,esponsibility for complying witb the cequice1lents -of this <br />contract. except with respect to vadations desc.a::ibed and approved in <br />accordance wlth (el below. <br />(c) If shop drawings show variations hOIll the contract requirements. the <br />Contractor shall describe such variations in writing, separate trom the <br />dcawings, at the tilDe of subfllisalon~ If the contracting Officer apptoves any <br />such vaclation(s), be shall issue an appcopciate con,tl:ac~ lIlOdification, except <br />that, if the va dation is lIIinoc and does not involve a cbanqe in pr ice "01: in <br />ti.e of performance, a modification need not be issued. <br />{dl The Contcactoc shall sublait to the Contracting Officec foc apptoval <br />fouc copies (unless otherwise indicated herein) of all shop drawings as called <br />foc undel' the various headinqs of these specifications. Three sets (unless <br />othentise indicated heceln) of all shop drawings will be retained by the <br />Contracting Officer and one set will be ceturned to the Contractor. (OM <br />1-602.54 (a)) <br /> <br />- <br /> <br />" <br /> <br />,. <br /> <br />. <br /> <br />Intettupted by .ny othec CaUBi!, includiD9 the fault G.I: negligEnce of the <br />.Contractoc or (2) for whlch an equitable adjust~nt is pcovided for oc <br />excluded under any other provision of this contract. <br />(c) No claim .under tM. cl....ae -ahall be aUowed (II for any costs <br />incurred 1IIOt'e than 20 days before t.he Cont-c-actor shall have notified the <br />Contracting Officer in writing of tble ,act or failure t.o act involved (but this <br />requirement shall -not apply a8 to a clai. resulting from a suspension 'ordec), <br />and (2.) unless the cIa i., in-an aRKXKlt sta't-ed., is a8sected in writing as Boon <br />as practlcable after the teraination of such suspension, al!1ay, or <br />interruption, but -not later than t.he date of final p-aylftent under the <br />contract. (DAR 1-602~461 <br /> <br />18. TEMINATION FOR CONVENIENCE OF TilE GOVERNMENT--COMSTRUCTION (1914 APR) <br />(a) The pedonaance of work undec 'this COfItract may be teeainated by the <br />Government in accordance with this clause ~n whole, or ['COlI time to ti.e in <br />pact, whenever the Contracting Officer shall deter.ine that suCh temination <br />is in t.he best interest. of tt,e Govern_nt. Any such terl1lination shall be <br />effected by delivery to the O:mtractoz: of a Notice of Terainat.1on specifying <br />the extent to which pettoraanee of w~k under the contract is terminated, and <br />the date upon which such te~ination becomes effective. <br />(b) After receipt of a Notice of Termination, and except as otherwlst!! <br />directed by the Contractin9 Officer, the COntractor shall; <br />(1) stop work under the contract on the date and to the ektent <br />specifted in th(' Notice of 'I'erminatlonr <br />place no further order. or subcontracts <br />selvlces or f4cilities, except as May be <br />c~let1on of stICh portion of the work under <br />is not terainated, <br />(iH) tec.inat~ all ordets and subcootracts to the extent that they <br />relate to the parforaance of wack terainat:..d by the Notice of <br />TerMination, <br />ass!qn to the GovernMent, in the aanne~, at the ti~s, and to <br />the ell:tent directed by the cont.racting Officer, all of the <br />rlqbt,. titl.., and int.erest. of the Contractor undel: the orders <br />and subcontracts so terminated, in which case t.he GovernMent <br />shall have the dght, in its discretion, to settle or pay any <br />or all clailll8 arising out of the termination of such orders <br />and subcontracts$ <br />settle aU outstanding liabilities and all claiMS arising out <br />of such terainatlon of orders and subContracts, with the <br />apprOval or ratification of the Contracting of! tc..r , to the <br />extent he may reqUire, which appcoval or ratification shall be <br />fInal for all the purposes of this Clause, <br />transfer title and deliver to the Govern_nt, in the Manner, <br />at the ti.es, .nd t.o the extent, if any, dh:ected by the <br />Contractinq Officer, (A) the fabricated or unfabricated parts, <br />work in process, COMpleted work, supplIes, and other Material <br />produced aa a patt of, or acquired in connection with the <br />performance of,. the work tecainat.ed by the tbtice of <br />Termination, and (8) t.he ccapleted or partially completed <br />plans, dcawings, inforaation, and other ~toperty which, if the <br />contract had b@en COIIpleted, would have been required to be <br />furniahed to the Government, <br />(vi 1) use his twst efforts to sell, in the Manner, at the tiBles, to <br />the extent, and at the pI: ice or pr iees directed or authoriz.e-d <br /> <br />16. USE AND POSSESSION PRIOR TO COMPLETION (1976 OCTI <br />The Government shall have the right to take possession of or use any <br />cOllpleted or pactially completed p<llrt of the work. Prior to such possession <br />oc use, the Q)ntcacting Officec shall furnish the COntractor an itemized list <br />of work cemaining to be perfo~ed or corrected on such portions of the project <br />as are to be possessed or used by the Govern.ent, provided t.hat f,dlure to <br />list any itelll of wock shall not relieve the Contcactor of responsibility for <br />cOlllpliance with the ter.s of the contract. Such possession or use stulll not <br />be deewed an acceptance of any work under the contract. Wbile the Govecnment <br />has such possession oc use, the Contractor, notwithstandinq the provisions of <br />the clause of this contcact entitled -Peraits and Responsibilities,- shall be <br />relieved of the responsibility for the loss or dalllaqe to the work resalting <br />frolll the Government's possession Ot use. If such prior possession or use by <br />the Government delays the progress of the work or causes additional expenSe to <br />the COntractor, an equitable adjustaent in the cont~-act price or the tillle D,t <br />completion will be made and the contract. shall be MOdified in writing <br />accocd inqly. (OAR 7-602.39) <br /> <br />17. SUSPENSION OF WORK (1968 FES) <br />(a) The Contracting Officer .ay order the COntractor in writing to <br />suspend. delay, or intecrupt all or any part of tbe work for 9uch period of <br />time as he may determine to be appropriate for the convenience of tbe <br />GovernBlent. <br />(bl If the performance of all or any part of the work is, for an <br />unreasonable periOd of tiMe, suspended, delayed, or interrupted by an act of <br />the Contracting Officet in the adainistration of this contract, or by his <br />tailuce to act within the tilDe specified in this contract (or if no time is <br />specified, within a reasonable tillH!) , an adjustlnent shall be made for any <br />increase 1n the cost of performance of this contract (eXCluding pcofit) <br />necessacily caused by such unreasonable suspension, delay, or interruption and <br />the contract modified 1n wciting accordIngly. However, no adjustment shall be <br />made under this clause foc any suspensIon, delay, or interruption to the <br />extent (1) that pecforlllance would have been so suspended, delayed, or <br /> <br />(l May 81) <br /> <br />. <br /> <br />(Canst.. Gen. Prov.) <br /> <br />(I May 8J) <br /> <br />HU <br /> <br />foe .aterials, <br />necesSllry for <br />the contr aet as <br /> <br />(I... <br /> <br />(v) <br /> <br />(vi) <br /> <br />10 <br /> <br />(Canst. Gen. Prov.) <br />