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<br />or data not current as certified in his eertifl.
<br />caUon of current cost or pricing data (EPA
<br />form 5700-41). then such price. cost. or
<br />profit shall be reduced accordingly and the
<br />agreement shall be modi!led in writing to
<br />reflect such reduction.
<br />(bl Failure to agree on a reduction shall
<br />be subject to the remedies clause or this
<br />agreement.
<br />(Nate.-Since t1u.' agrermtnt U subject to
<br />reduction UMer thb clause btl n>ason of df'.
<br />leeli'tJe cost or pric1ng data submitted in
<br />connection until certain subcontract!. the
<br />envtneer me, wi.ah to include a clause tn
<br />each such 8ubcontract requiting the subean-
<br />trudor to appropriatclJf indemnt/y the nlg(.
<br />neer. It tI alao expected that any subcontrac-
<br />tor subject to ~uch (ruljmnificatton will gen.
<br />er4UU reQvtre substantiallY' BtmUar indemnf.
<br />ftcation lor dI!/ective cod or pricing data re-
<br />quired to be -submitted by his lower tier sufr.
<br />-contJ"4Cton.)
<br />
<br />11.8UBCOMTRACTS
<br />
<br />(a) Any subcontr&c:tors and outside l\SSO'
<br />elates or consultants required by the engi-
<br />neer in connection wlth services undE'r this
<br />agreement will be limited to such individ-
<br />uals or firms B.S were specificeJly Idf'nUfted
<br />and agreed to during ncgoLtatlons. or as the
<br />owner specifically authortzes during the
<br />performance of this agrtemt'nt. Tht' o~'ner
<br />must give prior approval for, any substltu-
<br />Llona In or additions to such subcontractors,
<br />assoctates, or consultants.
<br /><b) The engineer may not subcontract ser-
<br />vices In exc,PBS of thirty (30) percent (or
<br />_ percent, if the owner and the engi-
<br />neer hereby agree) of the contract price to
<br />subcontractors or consultants without the
<br />owner's prior wrlUen approval.
<br />
<br />12. LABOR STANDARDS
<br />
<br />To the extent that this agrremcnt in-
<br />volves "construction" (as defined by the
<br />Secretary of Labor). the t>ngineer agrt'es
<br />that such construction work shall be subject
<br />to the fQllow1na labor standards provisions.
<br />to the extent applicabJe:
<br />(t.) Davis-Bacon Act ("0 U.S.c. 2'16a-
<br />n8a-'l):
<br /><b) Contract Work Hours and Safety
<br />standards Act (40 U,6,C. 32'1,333);
<br />(c) Copeland Antl-Ktekbaek Act (18 U,S.C.
<br />874 J; and
<br />(d) Executive Order 11248 (Equal Employ.
<br />ment Opportunltyr,
<br />
<br />and lmplemenUng ruJes, regulations, and
<br />relevant orders of the Secretary of Labor or
<br />EPA. The engineer further agrees .that this
<br />..ementshall include and be subject to
<br />"Labor Standards Provisions for Feder-
<br />Assisted Construction Contracts" (EPA
<br />form 5720-4) in efleet at the time of execu-
<br />Uon of this agreetnent.
<br />
<br />IS, EQUAL EMPLOYM'l:MT OP'PORnnnTY
<br />
<br />In accordance wIth EPA polley as ex.
<br />pressed In 40 em 30.420.5. the engineer
<br />agrees that he Villi not dIscriminate against
<br />any employee or appllcant for employment
<br />because of race, TeUslon. color, sex, age, or
<br />national origtn.
<br />
<br />U. 11TIU'lATtOtf or SMALL AND MtNORIT'Y
<br />BUSINESS
<br />
<br />In aoeordance with EPA policy as ex.
<br />pressed ,In 40 em 35.936-7, the eflglneer
<br />agrees that qualified small business and ml.
<br />norlLy buatness enterprises shaU have the
<br />maximum. practicable opportunity to par-
<br />
<br />RULES AND REGULATIONS
<br />
<br />tfcipate' in the perfonnance of EPA grant.
<br />assisted contracts and subcontracts.
<br />
<br />lIS. COVJ:NANT AGAINST CONTINGENT FEES
<br />
<br />The enBineer warrants that no person or
<br />selllng agency has been employed or reo
<br />tainC'd to solicit or secure this contract upon
<br />an &lJreetnpnt or undel'St.a.nding for & com-
<br />mission. percentage, brok('rage, or contin-
<br />Bt'nt f('e, PlcE-pUng bona tide employt'es, 1o'or
<br />brt'ach or violation oC "this warranlY Ihe
<br />owner shall have the right to annul this
<br />agret'ment without liabUity or In its dlscre.
<br />Uon to dt:'duct from the conlract price or
<br />const4eratton, or otherwise rrcover. the fun
<br />amount ot such cornmlssion, percentage,
<br />brokerage, or COnUnB(~nt fee.
<br />
<br />I6.GRA.TUITIr.s .
<br />
<br />(a) It It Is found. a.fter notice and hearing.
<br />by the owner that the engineer. or any of
<br />the engineer's agents or representatives, of-
<br />fered or gave gratUities (in the fonn of en.
<br />tertainment, gltls, or othervo'ise), to any orn-
<br />elal, E'mployt>e, or agt"nt of Ihe owner, of the
<br />State, or of EPA in an attempt .to secure a
<br />contract or favorable treatment in a.....ard.
<br />ing, amending, or making any determina-
<br />tions related to the performance of this
<br />agrt>ement, the 09mer may, by written
<br />noUc.e t.o the engineer, termInate the right
<br />of the engineer to proceed undC!r this agree-
<br />ment. The owner may also - pur~>ue other
<br />rlghL5 and remedies that the Jaw or thls
<br />agreement proVides. However, the exIstell('e
<br />of the facts upon which the owner bases
<br />such findings shall be in ts.'lue and may be
<br />reviewed In proceedings under the remedies
<br />clause 01 this agreement.
<br />(b) In the event this agn.-emf'nt Is tem1i.
<br />nated as prOVided in paragraph tal h(!reol,
<br />the owner shan be E'nUtJed: (1) To pursue
<br />the,same remedies against the engineer as it
<br />could pursue in the event of a brea('h of th(~
<br />contract by the engineer, and (2) as a penal-
<br />ty, in addition to MY other damalU's 1-0
<br />which It may be entitled by la.w, to exempla'
<br />ry damages In an amount (as determined by
<br />the o~'ll('r) which shall be not less than 3
<br />nor more than 10 times the costs the engi-
<br />neer Incurs In providing any such gratuities
<br />to any such omcer or employee.
<br />
<br />1'l_ PATENTS
<br />
<br />1! this agreement involves research, devel-
<br />opmental. experimental, or demonstration
<br />work and any dIscovery or Invention arises
<br />or Is developed tn the course of or und.er
<br />this agreetnf'nt. such Innntion or dl'lco\'cry
<br />shall be subject to the reporting and rights
<br />provisions of subpart 0 of 40 CPR, part 3D,
<br />In effect on the date of execution of this
<br />agreement. including appendix B of part 30.
<br />In such case, the engineer shaH report the
<br />dl.seovery or invention to EVA directly or'
<br />through the owner, and shall otherwise
<br />('amply with the owner's responsibiUtks In
<br />accordance with subpart D of 40 Clo'lt tmrt
<br />30. Thr C'ngiO(~cr agrcrs that tlw dispor.ltlol\
<br />01 rights to inventions made undcr this
<br />tUIT("("ment shaH be in Qc-cordauce with the
<br />terms and conditions of appendiX B. The en-
<br />glnecr shalt fnc1ude apprqprlatc patent pro-
<br />visions to achIeve th(' purpose of lhts rond!.
<br />tion In aU subcontra('t,s Invoh1ng research,
<br />developmental, experimental, or demonstrll-
<br />Uon work.
<br />
<br />t a, COPYRIGHTS .urn RIGH'TS IN DATA
<br />
<br />(a) The Mslneer agrees that any plans,
<br />drawings. designs, specifications, computer
<br />
<br />44093
<br />
<br />programs (which are substantially paid for
<br />with EPA grant funds). technical reports.
<br />operating manuals, and other work .submit.
<br />ted with a step 1 facilities plan or wlth a
<br />step 2 or step 3 grant application or which
<br />are specified to be deUvered under, this
<br />agreement or whIch are developed or pro-
<br />duced and paid for under this agreement
<br />(referrt'd to In this cJause as "Subject
<br />Data") are subject to the rights In the
<br />Unit('d Stairs, as set torth In subpart D 01
<br />40 CJo'lt part 30 and in appendix C to 40
<br />CF'R part 30, In eHeet on the date of execu-
<br />tion, of this agreement. These righls include
<br />the right to use, dupUcate, and disclose such
<br />subject dala, 'In whole or In part.. in any
<br />mann<<'r for any purpose whatsoever, and to
<br />have othl'rs do so. For purposes of thiS
<br />dRum', "granLee" as used In appendiX C
<br />refers to the engineer. If the materla1ls Co-
<br />pyrightable, the engineer may copyright 1t,
<br />M appt'ndlx C pcnnils, subject to the righLs
<br />In the Government in appendiX C, but the
<br />o\\:ner and the Federal Government reserve
<br />a royatty-fr~e, nonexclusive, and irrevocable
<br />liC'cose to reproduce, publish, and use such
<br />materials. In whole or In part, and to autho-
<br />rize othl"r8 to do so. The engIn~er shall in-
<br />clude appropriate provisions to achieve the
<br />purpose 01 this condition in aU subcontracts
<br />expected to produce copyrightable subject
<br />data.
<br />lb) AIl such subject data rumtshed by the
<br />engineer pursuant to this agreement are In.
<br />strumrnts of his services in respect of the
<br />project.. It is understood that the engineer
<br />docs not represent such subject data to be
<br />suitable for reuse on any other project or
<br />for any olher purpose, If .the owner reuses
<br />the subjf'et data without the engIneer's spe. '
<br />('Hie wrIttt'n verification or adaptatton, such
<br />reuse '\I.'ill be at the rIsk of the owner. with-
<br />out linblUty to the engineer. Any such ver-
<br />ifiC'atlon or adaptation wl11 entitle the E'nJrl-
<br />n('{lor to further compensation at rates
<br />agr('cd upon by the OYlner and the engineer.
<br />
<br />fEDERAL REGlmr, VOL 43, NO. 188-WEDNESllAY. SEPTEMBER 27. 1918
<br />
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