|
<br />2359
<br />
<br />.
<br />
<br />STANDARD FORM 23...A
<br />JUNE 1'* EomOH
<br />
<br />be submitted for approval at the Contractor's expense. with
<br />nil shIpping charges prepaid. Macbinery, equipment, ma~
<br />terlal and artides installed or used wltbout required ap-
<br />prO\"R'l sholl be at the rIsk of subsequent rejection.
<br />(b) All v.ark under tbla contract shall be performed In a
<br />skillful and workmanlike manner. The Contracting 01ll.cer
<br />may, in writing, require the Contractor to remove from the
<br />work any employee the Contracting Officer deems Incompe-
<br />tent, careless, or otherwise objectionable.
<br />
<br />10. INSPECTION A:ND ACCEPTANCE
<br />(a) Except. 8S otherwise provided in tbis contract. Inspec-
<br />Uon and test by the Gonrnment of materIal and workman-
<br />ship required by this contract shall be made at reasonable
<br />Urnes and at the site of the work, unless tbe Contracting Offi-
<br />cer determJnes that such inspection or test of material which
<br />Js to be incorporated In the work shall be made at the place
<br />of produ(:tlon, manufacture. or shipment of such material.
<br />To the extent specified by the Contracting 01Dcer at the time
<br />of determining to make ot'f-slte Inspection or test, sucb in-
<br />spection or test shall be conclusl\'e 8S to wbether tbe materIal
<br />in\'olved conforms to the contract requirements. Such otl'.
<br />site Inspection or test shall not relleve tbe Contractor of
<br />r€'sponsiblltty for damage to or loss of the meteriel prior to
<br />acceptanC'e, nor In any way atrect the contInuing rights of
<br />the Gonrnment after acceptance of tbe completed work
<br />under the ternlS of paragraph (f) of this clause. except 8S
<br />hereinabo\'e provided.
<br />(b) The Contractor shall, without cbarge, replace any
<br />material or correct nny workmanship found by the Govern-
<br />ment not to conform to the contract requirements, unleas In
<br />the public interest the Government consents to accept such
<br />material or workmanship with an approprlete adjustmeut in
<br />contract price. The Contractor shall promptly segregate Rnd
<br />reroo\"e reJected materIal from tbe premises.
<br />(c) ]f the ContT8.ctor does not promptly replace rejected
<br />material or correct reje(~ted workmanship, the Go\"ernment
<br />(1) may, by crmtract or otherwise. replace sucb material or
<br />~orrect such workmam~hip and cha.rge the cost thereof to tbe
<br />Contractor, or (2) may termlnnte tbe Contractor's rlght to
<br />proceed In accordance with Clause 5 of tbese General Pro-
<br />visions.
<br />(d) The Contractor shall furnish promptly, without addi-
<br />tional charp:e, nil facilities, labor, and material reasonably
<br />Deeded for performing sucb 6afe and corn'enJent inspection
<br />and test as may be req\11red by the Contracting Officer. All
<br />1l1spe-rtlon ami te~t by the Go\"ernment shall be performed
<br />tn such mHnner HEI not unnecessarily to l1elay the work.
<br />Special. full size, nnd perfom\ance tests shall be performed
<br />as described in this contra.ct. The Contractor shall be
<br />charged with any odditlonal (~ost of Inspectton wben material
<br />and workmanship arl' not ready at the time specified by the
<br />Contractor for its inspe('tion.
<br />(e) Should it be considered necessary or advisable by the
<br />Government at any time before 8<X'eptance of the entire work
<br />to make an examination of work alrE'ady completed. by remov~
<br />in~ or tearing out Rome, th€' Contractor shall, on request,
<br />promptly furnish all neeesfolary facllitie!i, labor, and material.
<br />If such work Is found to be defective or nonconforming: In any
<br />lllateril1.l respect, due tfJ the fault at the Contractor or his
<br />~ubcontractors. he shall defray all the expenses of such examl-
<br />nation and ot satiSfactory reconstructlun. If, bowever, such
<br />wnrk is found to meet the requirements of the contract. an
<br />equitahle ad:lu~tment shaH be made in the contract price to
<br />compensate the Contractor tor the addItIonal ~ervires in-
<br />\'()Ived in su<'h examination and reconstruction and, It COffi-
<br />Illf>tion of the work has been delayed thereby, he shaH, J1\
<br />addition, he grant I'd a suitable extension of t!m(>.
<br />(f) l1nle8s otherwise provided tn this contract, acceptance
<br />by the Governlll<'nt shall be made as promptly as practicable
<br />after completion and im~pection of all work reqUired hy this
<br />('ontraN. A('Cf'llto.nce Ahnll he final and conclush'e ex<.'ept 08
<br />regllrdH latf!nt detects, fraud, or such gross mistakes aA mny
<br />amount to tmud, or as regords tb~ Government's riKhts under
<br />any "'.arrant," or guarantee.
<br />
<br />11. ~UPERINTENDENCE R'r CONTRACTOR
<br />Th<> Contmctor shaH gj'{'e his personal superintendence to
<br />th<> work or ha\'(~ a competent foreman or Auperintello<>nt.
<br />satisfnctory to the Contracting Omcer, on the work at all
<br />times during progress, with authority to act for him.
<br />
<br />STANDARD FORM 23..A
<br />JUNE I~ EDITION S
<br />
<br />.
<br />
<br />.
<br />
<br />.
<br />
<br />1\
<br />I
<br />
<br />.,
<br />
<br />.
<br />
<br />'I
<br />
<br />,
<br />
<br />.
<br />
<br />12. PERloItTs AND RESPONoSIsILITIES
<br />The Contractor shall, without additional expenf!e to" .tbe
<br />Government, be responstble tor obtalning any necessary
<br />licenses and permit~, and for complying with any appllcable
<br />Federal, State, and municlpal la~'s. codes. and regulations.,
<br />in connection with the prosecution of the work. He shall be
<br />..imllarly responsible for all damages to persons or property
<br />that occur as a result of his fault or negligence. He shall
<br />teke proper sRfety and health precautions to protect the work,
<br />the workers, the puLlic, and the property ot otbers. Be shall
<br />also be responsible tor all materials delivered and work per-
<br />formed until completion and acceptance of tbe entire con-
<br />struction work. except for any completed unlt of construction
<br />thereo:! whIch theretofore may have been accepted.
<br />
<br />13. CONDtTIONa AFFECTING THE WOfd[
<br />Tbe Contractor shall be responsible for baving taken l!Itepe
<br />rea80nably ne<:e!;~8ry to ascertain the nature and location ot
<br />the work, and tile general and local conditions which can
<br />atr€'Ct the work or the cost tbereot. Any failure by the Con-
<br />tractor to do 80 will not relieve him from responsibility for
<br />successfully performing the work without additional expense
<br />w the Governwent. The Government assumes no respoll8l.
<br />bility for any understanding or representations concerning
<br />L'U11dit iOlls IJlade by any of its officers or agents prior to tbe
<br />eXecution of this contract, unless such understanding or rep-
<br />resentations by the Government are expressly stated In tbe
<br />contract.
<br />
<br />14. OTHU CONTRACTS
<br />The Government may undertake or award other contracts
<br />for additional work. and tbe Contractor shall fully cooperate
<br />with 8uch other contractors and Government employeE'S and
<br />carefully fit his own work to such additional work as may be
<br />directed by the Contracting Oft\cer. The Contractor shall not
<br />commit or permit any act which will interfere with the per-
<br />formance of work by any other contractor or by Government
<br />empl\Jyees.
<br />
<br />15. PATENT INDEMNITY
<br />E:<l'ept 88 otherwise provided. the Contractor agrees to
<br />Indemnify the Government and its o1Dcers, agents, and em-
<br />ployees against liability, Including COBtS aDd expenses, tor
<br />intringement upon any Letters Patent of the United States
<br />(ext.'ept LetterR Patent issued upon an application which Is
<br />now or IDa)' bereafter be, (or reasons of natIoDal security,
<br />ordered by the Government to be kept secret or otherwise
<br />withheld from Issue) arising out of the performance of this
<br />Nmtract or out of tbe use or disposal by or for the account of
<br />the Govemmen t of ,mpplles furnished or construction work
<br />performed h(~reunder.
<br />
<br />16. ADDITIONAL BOND SECURITY
<br />It any surety upon any bond furnished in connection with
<br />this contract become~ unacceptable to the Qovernment, or tf
<br />allY su~h ,'mrety fails to furnish reports as to his financial
<br />('nndition from tiDle to tiDle as requested by the Government,
<br />the Contrector shall promptly furnish such additional secu-
<br />rlt)' a8 may be required from time to time to protect tbe inter-
<br />estA of the Government and of persons supplying labor or
<br />mat<>rinJs In the prosecution of the work contemplated by
<br />this contract.
<br />
<br />11. CO\'ENANT ~.\.QA1N8T CONTINGENT FEES
<br />The Contractor warr~mts that no person or selling agen('y
<br />has been employed or retained to Roliclt or secure this contract
<br />upon an ngr<>ement or understanding for a comlD1ssion, per-
<br />centa~e, brokerage, or contingent fee, excepting bona fide
<br />employ(>es or bona t1de established commercial or selling agen-
<br /><:ies maintained by the Contractor for the purpose of securing
<br />business. For breach or violation of this warranty the Gov..
<br />ernment shall have the right to annul this contract without
<br />liability or in its discretion to deduct trom the contract price
<br />qr cnnsideratiall, or otberwJse recover. the fuB amount of
<br />such commission, percentage, brokerage, Qr contingent fee,
<br />
<br />IS. On'"rclALB NOT To BENEFIT
<br />
<br />No member of Congress or resident Commis~loner shall
<br />be admitted to any share or part of this contract, or to any
<br />henefit that may arise therefrom; hut this pro\'ision shall
<br />not be construed to e:xt<"D<1. to this contract if made with a
<br />corporatton for its general benefit.
<br />
|