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If) In t.he acquisition of cODllllerc1al products, the bidder further understands that; (1) If a comnercial product (defined below) is offered, the required subcontracting plan may cover the company's production generally, both for Govermaent contracts and for regular cOllllllercial sales, rather than just this acquisition. In such cases. the Contractor may request approval frolll the Contracting Officer to submit one cocnpany-wide. or. division-wide, annual plan. If such request is deellled appropriate, the offeror shall submit a proposed company-wide. or division-wide, annual plan for acceptance. (2) Upon approval by the Contuctln9 Officer, the plan will remain in effect for the company's entire fiscal year. During this period, Government contracts for cOlllDercial product.s of the affected company or division will not be required to contain individual subcontractinq plans relating only to the supply or services being acquired. unless the Contractin9 Officer determines for a particular contract that there are unforeseen possibilit.ies for small business and small disadvantaged business subcontract ing. (3) At least 60 days before t.he scheduled ter.ination of the COlllp4ny or dlvision-wide plan, the Contractor !RaY submit to the Contractinq Officer a proposed company or division-wide subcontracting plan for its commercial products for the succeedinq fiscal year. If the plan wouid otherwise ter.inate prior to appcoval of the succeeding fiscal yearts plan, it will reaain in effect until the succeedin9 plan is accepted or rejected. but no longer than 60 days aftec the end of the company's fiscal year. (4) For the purpose of this pr09ram, the term .commercial product. lIeane a product in regular production sold in substant.ial quantities to the general public and/or industry at. established catalog or market. prices. A product WhiCh. in the opinion of the Contractlnq Officer, differs only insignificantly froll the Contractoc's cOl1lllerc1al ptoduct llIay be regarded for the purpose of 'this clause as a CO_erc!al product. (DAft 1-l04.14(c)) embodied In the structure or composition of any article the delivery of which is accepted by the Government. under this contract. or (11) ut.ilized in the machinery, tools. or methods the use of which necessarily results from compliance by the Contractor or the using subcontractor with (a) specificatIons or written p,rovislons now or hereafter fouling a part of this contract, or (b) specific written instructions given by the Contractin9 Officer directinq the manner of performance. The entire liability to the Government for infringement of a patent of the United Stat.es shall be determined solely be the provisions of the indemnity clauses. if any, included in this contract or any subcontract. hereunder (inCluding any lowpc-tier subcontract), and the Government assumes liability for all oth~r infringement to the extent of the authorization and consent hereinabove granted. (OM 1-10].22) 44. COMPOSITION OF CONTRACTOR (1965 JAN) If the Cont.ractor hereunder is cOllprised of more each such entity shall be jointly and severally 1-602.12) than one legal entity. liable hereunder. (OAR 42. NOnCE AND ASSISTANCE REXiARDING PATENT AND COPYRIGHT INFRINGEMDIT (1965 JAN) (The provisions of this clause shall be applicable only if the amount of this contract exceeds $10.000.) (a) The Contractor shall report to the Contracting Officer, promptly and in reasonable writ.ten detail, each notice or claim of patent or copyright infringement based on the perfo~ance of this contract of which the Contractor has knowledge. (b) In the event of any claim or suit aqainst t.he Government on account. of any alleged patent or copyright infringement ariSing out of the perfannance of this contract or out of the use of any supplies furnished or work or services performed hereunder. the Contractor shall furnish to the Government, when requested by the COntracting Officer, all evidence and infonllation in possession of the Contractor pertaining to such suit or claim. Such evidence and infonaatioR shall be furnished at the elCpense of the Government except where the Contractor has agreed to indemnify the Government. (c) This clause shall be included In all subcont.racts. (OAR 1-10].2]) 45. SITE INVESTIGATION (1965 JAN) The Contractor acknowledges that he has investigated and satisfied himself as to the conditions affecting the work. including but not restricted to those bearing upon transportation. disposal, handling and storage of materials, availabilit.y of labor, water, electric power. roads and uncertaintiea of weather, river stages, tides or si.ilar physical conditions at the site, the conformation and conditions of the 9round, the character of equipment and facilities needed preliminary to and during prosecution of the work. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacLes to be encountered insofar as this information is reasonably ascertainable frolll an inspection of t.he site. including all exploratory work done by the Government. as well as frolll information presented by the drawings and specifications made a part of this contract. Any failure by the Contractor to acquaint himself with the available information will not relieve him from responsibility for estimatinq properly the difficulty or cost of successfully performinq the work. The Government. assumes no tesponsibility for any conclusions or interpretations made by the Contractor on the basis or the information made available by the Government. (OAR 7-602.3)) 4]. AUTHORIZATION AND CONSENT (1964 MAR) The Government hereby gi ves its author ization and consent (w i t.hout prejudice to any riqhts of indemnification) for olI11 use and manufacture, in the performance of this contract or any part hereof or any aMendment hereto or any subcontract hereunder (includiR9 any lower-tier subcontract), of any invention described in and covered by a patent of the United States (1) 46. PROTECTION OF EXISTING VD:;ETATION, STROCTURES, UTILITIES. AND lMPROVDtENTS (1965 JAN) (a) The Contractor will preserve and protect. all existing vegetation such as trees, shrubs. and grass on or adjacent to the site of work which is not to be relllOved and which does not unreasonably interfere with the construction work. Care will be taken in removing trees authorized for removal to avoid damage to vegetation to remain in place. Any limbs or branches of trees broken durln9 such operations or by the careless operation of equipment, or by workmen, shall be trillllled with ill clean cut and painted with an approved tree prunin9 compound as directed by t.he Contracting Officer. (b) The Contractor will protect frolll dalMge all e:dstinq improvements or ut.ilities at or near t.he site of the work. the location of which is made known to hilll. and will repair or restore any da.age to such facilities resultinq tram failure to COJIIply with the requirements of this contract or the fallure to exercise reasonable care in the performance of the work. If t.he COntract.or falls or refuses to repair any such damage promptly, t.he Contracting Officer (1 May 8]) 27 (Const. Gen. Prov.) (1 May 83) " (Const. Gen. Prov.) . .. . .' .