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. .. ., . . the contract price or consideration, or otherwise recover, such co.-tasions, percentaqe, brokerage or contingent fee. the full all10unt of (OAR 7-10).20) 29. FEDERAL, STATE, AND LOCAL TAXES (1911 NOVI (a) Except as flay be otherwise provided in this contract, the contr;:act price includes all applicable Federal, State, and local taxes and duties. (bl Nevertheless, with respect to any Federal ell'cise tax or duty on the transactions or property covered by this contract, if a statute, court deciSion, written ruling, or regulation takes effect after the contract date, and - HI results in tlM! Contractor being required to payor 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 aJROunt of such tax or duty or rate increase, provided the Contractor 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 (2) results in the Contractor not being required to payor bear the burden of, or in his obtainiR9 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 allQunt of the relief, refund. or drawback. or that aRlOunt shall be paid to the GoverRlaent. as directed by the Contracting Officer. The contract price shall be similarly decreased if the Contractor. thcoU9h his fault or negligence or his failure to follow instructions of the Contracting Officer, is required to payor bear the burden of, or does not obtain a refund or drawback of. any such Federal excise tax or duty. (c) Paragraph lb) above shall not be applicable to social security taxes or to any other elllployaent tax. ld) No adjustment of less than SIOO shall be lIIade in the contract price pursuant to paragraph (b) ahove. Ie) As used in paragraph (b) above, the terlll .contract date- means the date set for bid opening, or if this is a ne90tiated contract. the contract date. ..... to additional supplies or services procured by modification to this contract, the term .contract date- aeans the date of such modification. (f) Unless there does not exist any reasonable basis to sustain an ellemption, the GOvernlll@nt upor.. the request of the Contractor shall, without further liability, furnish evidence appropriate to establish exelllption froll any Federal, State. or local tax, provided that, evidence appropriate to establish exemption fro. any Federal excise tax or duty which lIay 9ive rise to either an increase or decrease in the contract price will be furnished only at the discretion of the Governaent. Ig) The COntractor shall promptly notify the Contracting Officer of matters which will result in either an increase or decrease in the contract pr ice and shall take action with respect thereto as directed by the Contracting Officer. (DM 7-103.10(a)) 26. OFFICIALS NOT TO BENEFIT (1949 JUL) No member of or delegate to Congress. or resident co..1s8ion.r, shall be adJaitted to any share or part of this contract. Or to any benefit that .ay .adse therefrollr but this provision shall not be construed to extend to this cont.ract if made with a corporation for its general benefit. (DAR 7-10l.19) 27. OONIIICT LABOR (1975 OCT) In connection with the perfo~ance of work under this contract, the Contractor agrees not to employ any person undergoing sentence of imprisonment except as pro~ided by pUblic Law 89-176. Septellber la, 1965 (18 U.S.C. 4082(cl (2)) and Executive Order 11755, December 29, 1973. (DAR 7-104.17) 28. UTILIZATION OF SMA.Li. BUSINESS AND SMA.LL DISADVANTAGED BUSINESS CONCERNS (1980 AUG) (a) It is the policy of the United States that small business and small business conCerns O1oIned and controlled by socially and econolllically disadvantaged individuals shall have the lIaximulll practicable opportunity to participate in the performance of contracts let by any Federal agency. (b) The COntractor hereby a9rees to car~y out this policy in the awarding of subcontracts to the fullest extent consistent with the efficient perfoCWlance of this contract. The term -subcontract. lIIeans any agreement (other than one involving an employer-employee relationship) to be entered into by a Federal Goverruaent prime contractor or subcontractor calling for supplies or services required for the performance of the original contract or subcont.ract. The Contractor further agrees to coopecate in any studies 01' surveys as lIIay be conducted by the United States 5IIIIall Business Administration or tile awarding agency of the United States as may be necessary to determine the extent of the COntractor's compliance with this clause. (c) As used in this contract. the term -sllall business concern- shall llIean a slIlall business as defined pursuant to Section 3 of the SlIlall Business Act and relevant regulations prollll19ated pursuant thereto. The term "small business concern owned and controlled by socially and economically disadvantaged individuals,. hereafter referred to as disadvantaged business, shall ..an a small business concern - (1) which is at least 51 per centum owned by one or !Wre socially and economically disadvantaged individualsl or, in the case of any publicly owned busines8. at least 51 per centum of the stock of which is owned by one or IIlOre socially and economically disadvantaged individuals, and (21 whose lIlanagement and daily business operations are controlled by One or more of such individuals. The COntractor shall presume that socially and economically disadvantaged individuals include Black Anledcans, Hispanie AIIIericans, Native AIIericans Ii.e., American Indians, E~kiIllOS, Aleuts and Native llawaiians), Asian-Pacific Ame~icans (i.e., U.S. citi~ens whose origins are froll Japan. China, the Philippines. Vietnam, Korea, SalllOa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, cambodia, and Taiwan. and other minorities. or any individuals found to be disadvantaged by the Administration pursuant to Section 8(a) of the Small Business Act. (dl COntractors acting in good faith may rely on written tepresentations by their subcontractors re9ardiR9 their status as either a small business concern o~ a slllall business concern owned and controlled by SOCially and economically disadvantaged individuals. (OAR 7-104.14 (a) ) 30. DAVIS-BACON ACT (40 U.S.C. 2764 to a-7) (1977 DFX:) (If this contract is with s State or political subdivision thereof, the Contractor Agrees to cOlllply with the requirellents of the COntract Work Hours Standards I'Icts and to insert this clause in all subcontracts hereunder with private persons or fir.s) Ca) All mechaniCB and laborers, including apprentices and trainees. employed or working directly upon the site of the work shall be paid unconditionally and not less often than once a week. a.nd without subsequent deduction or rebate on any account (except such payroll deductions as are penllitted by the Copeland RegUlations (29 CFR, Part 3)), the full allOunts due (l May 8]) 11 (Const. Cen. Prov.) (1 Hay 8)) 18 (Const. Gen. Prov.)