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12936 Federal Register / VoL 48, No. BO / Monday, March 28, 1963 / Rules and Regulations
<br /> to solicit or secure this subagreement upon an his designs,drawings,specifications.reports condition before final payment under this i
<br /> agreement or understanding for a and other services. subagr eement or as a termination settlement'
<br /> commission.percentage,brokerage or (2)The contractor shall perform the under this subagmment'the contractor shall
<br /> contingent fee excepting bona tide employees professional services necessary to execute and deliver to the owner a release of
<br /> or bona fide established commercial or accomplish the work specified in this all claims against the owner arising under,or
<br /> selling agencies maintained by the contractor subegreement in accordance with this by virtue of,this subagreement except claims
<br /> for the purpose of securing business.For subagreement and applicable EPA which are specifically exempted by the
<br /> breach or violation of this assurance,the requirements in effect on the date of contractor to be set forth therein.Unless
<br /> recipient shall have the right to annul this execution of the assistance agreement for this otherwise provided in this subagreement by
<br /> agreement without liabik y or,at its project State law or otherwise expressly agreed to by
<br /> discretion.to deduct from the contract price (3)The owner's or EPA's approval'of the parties to this subagreetrent final
<br /> or consideration„or otherwise recover the full drawings,designs.specifications,reports and payment under this subagreement or
<br /> amount of such commission.percents incidental work or materials furnished
<br /> brokerage or coati �� settlement upon termination of this
<br /> eg contingent fee. hereunder shall not in any way relieve the subagreement shall not constitute a waiver.of
<br /> 11.Gratuities contractor of responsibility for the technical the owner's claims against the contractor or
<br /> adequar:y of his work.Neither the owner's his sureties under this subegreement or
<br /> (a)If the recipient Ends after a notice and nor EPA's review.cpprovaL acceptance or applicable performance and payment bonds.
<br /> heating that the tort-actor or any of the payment for any of the services shall be
<br /> oontractor's agents or representatives offered construed as a waiver of any rights under this Subpart G—Fh..eats
<br /> or gave gratuities(in the form of agreement or of any cause for action arising
<br /> entertainment gifts or otherwise)to any out of the performance of this subagreement 132.1105 Applicability and scope of this
<br /> official,employee or agent of the recipient (4)The contrartn:shall be,and shall subpar
<br /> the State or EPA in an attempt to secure a remain.liable in accordance with applicable This subpart sets forth EPA's
<br /> subagreement or favorable treatment in law for all dar:ages to the owner or EPA
<br /> awarding,amending or making any caused by t.+.contractors negligent administrative process for the rapid
<br /> determinations related to the performance of performance of any of the services furnished resolution of protest appeals filed with
<br /> this subagreement the recipient may,by under this subegreement except for errors, the award official.
<br /> written notice to the contractor,terminate omissions or other deficiencies to the extent 132.1110 Recipient protest.procedures.
<br /> this subagreement The redpient may atao attributable to the owner.owner-furnished
<br /> pursue other rights and remedies that the law data or any third party.The contractor aball (a)Recipients must establish their
<br /> or this subagreement provides.However,the not be responsible for any time delays in the own procedures for prompt
<br /> existence of the facts on which the recipient project caused by circumstances beyond the consideration of initial protests
<br /> bases such finding shall be in issue and may contractor's control. concerning their solicitations or contract
<br /> be reviewed in proceedings under the (S)The contractor's obligations under this awards.A"protest"is a written
<br /> clause of this subagreement clause are in addition to the contractor's complaint concerning the recipient's
<br /> (b)Jr.the event this subag:eement is other exnress or implied assurances under •
<br /> terminated as provided in paragraph(a),the this subagreement or State low and in no way solicitation or award of a subagreement,
<br /> recipient may pursue the same remedies diminish any other rights that the owner may It must be filed with the recipient by a
<br /> against the enntraetor as it could pursue in have against the cortrertor for faulty party with a direct financial interest
<br /> the event of a breach of the subagreement by materials,equipment or work. adversely effected by a recipient's
<br /> the contractor,and as a penalty,in addition (b)The folinw.+ng abuse applies only to procurement action(see 133.1130
<br /> to any other damages to which it may be subagreement,r r cons:rvct:'an.(1)The "Review of protest appeal").
<br /> entitled by law,he entAled to exemplary contractor agrees to perform 01 work under (b)The recipient should review each
<br /> damages in an p-ortnt fat determined by the this subagreement in accordance with this
<br /> recipient)which the.11 be not less than three agreement's designs,drawings and protest received to determine whether it
<br /> nor more assn ten times the costs the spur;'rations, is appropriate to deter the protested
<br /> contrrcto:iota-a is providing any such f--) r'1te contractor guarantees for a period procurement action.
<br /> gratuities to any such officer or employee_ of at lees:one(1)year L,om the date of (c)If the recipient does not-defer the
<br /> U.Buy Americas substantial completion of the work that the procurement action,it assumes the risk
<br /> completed work is free from el.defects due to that the award official may disallow the
<br /> This clause cpplies only to const ucdon aulty materials,egWpment or workmanship cbst of the pretested procurement action
<br /> subogneemenu cwerd under so cFR pc-135 and that he shall promptly make whatever if the protest appeal is upheld.
<br /> S✓hDa.-u E and 1.Ln accordance with section adjustments or corrections which may be
<br /> 215 of the Clean Water Act(33 U.S.0 12:1 et necessary to cure any defects.including 133.1115 Protest appeal.
<br /> seq.)and;splementing EPA regulations,the repair of any damage to other parts of the
<br /> contractor agrees thet preferexe%-T'be system rest; rg'-:,W such defects.The (a)A✓z`5 w-'�a c iarc:al interest
<br /> given to domestic construction material by owner shall promptly wive notice to the which is adversely affected by the
<br /> the contractor,subcontectors,materialmea contractor of observed defects.In the event recipient's decision on the initial protest
<br /> and suppliers in the Performance of this that the contractor fails to make adjustments. may file a"protest appeal"with the
<br /> strbagreement repairs,corrections or other work made award official.
<br /> 1].Responsibility of the Contractor necessary by such defects,ibe owner may do (b)A."protest appeal"is a written
<br /> (a)The jol/or,;�g cicuse applies'ore to so and charge the contractor the cost complaint filed with the award official
<br /> aubgg eemerrs for services. (I)The y in full o The performance bond shall remain regarding the recipient's determination
<br /> contractor is responsible for the professional tefull force and effect through the guarantee
<br /> period. of a protest
<br /> quality,technical accuracy,time!y (3)The con:actor's obligations under this
<br /> completion and coor•dirtation of all designs, clause are in addition to the contractor's 433.1120 LlmftaGons on protest appeals
<br /> drawings,specifications,reports and other other ea-press or implied assurances under (a)The award official shall not accept
<br /> services furnished by the contractor under this subegreement or State law and in no way a protest appeal until the protester has
<br /> this subagreement If the subagreement diminish asv other rights that the owner may exhausted all administrative remedies at •
<br /> involves envfm,.roental measurements or have agairst'the contractor for faulty
<br /> data generation.the contractor shall comply materials,eouipment or w•nrk the recipient level.
<br /> with EPA ousliry eseurance requirements in (b)A protest appeal is limited to the
<br /> 40 CFR 30-`[l.9. site contractor shall.v.•ithout 14.Fiaal Pry went followin:^:
<br /> additional compensation.corem or re-ise Upon satisfactory completion of the work (1)Issues arising trader the
<br /> any errors,omi%sior.!or otbcr deficiencies is performed 1--n ter!his slrbegrPerrent.as a procurement provisions of this Part,or
<br />
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