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of the contracting expedit.iouslYJ however. acting upon a VEeP. 12) If the \rEeP is not accepted. the COntracting Officer shall provide the COntractor written notification fully explaining the reasons for rej.e,ction. The Contractor lDay withdraw. in whole or in part. any VEeP not accepted by the Goverfment within the period speclfied in the VEeP. The Conhactinq Officer may r8quLr~ that the Contractor provide written notIfication before undertaking significant expenditures for veeP effort. (e) Jl.cceptance. Any VECP lIay be accepted in whole or in part by the Contractil1g Officer's award of a IllOdHication to this cont.ract citing this clause. The Contracting Officer may accept the VB:P, even though an agreement on price reduction has not be reached. by iS8uing the Contractor a notice to proceed with the change. Until a notice to proceed is issued or a contract lDOdification applies a VEX:P to this contract. the Contractor shall perform in acc()rdance with the existing contract. The Contracting Officer's decision to acc&pt all or part of any VEC'P shall be final and not subject. to the Disputes clause. ll) Officer's decision. VEePs shall be the Government shall not be liable for any processed delay in If a VECP is accepted, the Contractor hereby gtants the Government unlimited rights in the VEeP and supporting data. exc1?pt that, with respect to data quali[ying and submitted as limited rights technical data. the Government shall have the rlqhts specified in the cont.ract modifica.tion hnplplllenting t.he VECP and shall appropr iately mark the data. (OAR 7-602.50) accept the VEeP, reduce the contract pc ice or estillated cost by the amount of instant contract savingsJ and provide the Contractor's share of savings by addinq the alllOunt calculated in Cf) (1) to the cOntract price or fee. (g) Subcontract. The Contractor shall include appropriate VE clauses in an subcontract of $50,000 or IIIOr8 and may include the. In subcontracts of les68r value. To compute any adjustment in the contract price under paragraph (f), the Contractor's VEeP developllIent and implementation costs shall inclUde any subcontract.or's deWlopment and implementation costs that clearly result fcolll the VECP. but shall exclude any VE incentive payments to subcontractors. The Contractor may choose any arrangement for subcontractor VB incentive payments. ptovided that these payments are not made froRl the Government's share of the savings resulting froll the VECP. Ch) Data. The COntractor may testriet the Governllent's right to use any part of a VEep or the supportill9 data by marking the fOllowing legend on the affected parts: (i) (11) 57. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (1916 HAYI (Contracts and subcontracts are exempt from the requirements of the fo11o"'iog clause with regard to votk performed outside the United States by employees who were not recruited within the United States.) (a) The Cl>ntractor will not discriminate against any e~ployee or applicant for ellploYlllent because of physical or Rlental handicap in reqard to any position for which the employee or applicant fot employment is qualified. The Oontractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their I'hysical or mental handicap in all employment practices such /'liS the following: employMent. upgrading, demotion or transfer. recruitment. advertising, layoff or termination, rates of payor other forms of compensation. and selection for ttainiR9. including apprenticeShip. Ib) The Contractor aqrees '0 cOlRply vith the rules, regulations. and relevant orders of the Secretary flf tabor Issued pursuant to the Act. (c) In the event of the COntractor's nonco.pllanee with the requirements of this clause, action for noncop,pllance may be taken in accotdance with the rules, regulations and relevant orders of the Sectetary of Labor issued pursuant to the Act. (d) The Contractor a\)rees to post in conspicuous places. available to elDployees and applicants for e..pl"YRlent. notices in a fonl to be prescribed by the Directot, provided by or thtoulJh the Contracting Officer. Such noticei!ll shall state the Contractor's obliqation und~r the law to take affLnnatlve actiOn to employ and advance in employment qualified handicapped employees and applicants for employment. and th( rights of applicants and employees. (e) The Contractor Ifill notify each labor union or representative of wOtkers with which it has a collE'ctive barqaining agreelllent or other contract understanding. that the Contractof 1s bound by the terms of section 503 of the Rehabilitation Act of 1973, and is colllllilted to take affitmative 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 IIIOre unless exempted by rules, regulations. or orders of the Secretary issued pursuant to section 503 of the Act, so that such provisions viII be binding upon each subcontractor or vendor. The ContractOt will take such action with respect to any subcontract or purchase order as the lJirector of the OffiCe of Federal Contract Compliance Programs may direct to enforce such provisions. including <lction fOt nOncompliance. (OAR 7-10].28. Shar ing. (1) Rates. The Contrector"s share of savings is determined by subtract in\) Government costs frolll instant contract savings and multiplying the result by 55 percent for fb:ed-price contracts and 25 percent for cost-reimburseMent contracts. (2) ~. Payment of any shan due the ContractOt for use of a VECI' on this contract shall be authorized by a lIlOditication to this contract to. '(ili) -These data. furnished under the Value Engineerlng Incentive--COnstruction clause of COntract shall n()t be disclosed outside the Government o[ duplicated, used. or disclosed. in whole or in part. for any purpose other than to evaluate a VO:::P submitted undet the clause. This restriction does not lilllit the Government's riqht to Use infr:alllation contained in these data if it has been obtained or is otherwise available frolll the Contractor or hom anothet source without ii_itations.- 58. CLEAN AIR AND WATER (1975 OCT) (Applicable only if the contract exceeds $100.000. or the contractinq officer has deter.ined that orders under an indefinite quantHy contract in anyone year wUl exceed $100.000. or a facUity to be used has been the SUbject of a conviction under the Clean Air Act (42 U.S.C. l851c-O ec) (1) or t.he Federal Water Pollution Control Act (l.l U.S.C. 1319(c)) and is listed by EPA. or the contrAct is not. otherwise exempt.) (a) The Contractor Al)rees as follows: (1) To comply with all the requirements of section 114 of thl! (1 May 83) 3S (Canst. Gen. prov.) (1 May 83) 36 (Const. Gen. Prov.) . ., . .. .