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12934 Federal Register / Vol. 48. No. 60 / Monday, March 28. 1983 / Rules and Regulations 1.Supersession (1)or the furnishing of a written notice under contractor stall promptly.and before such • The recipient and the contractor agree that paragraph(a)(21.submit a written statement conditions are disturbed,notify the recipient this and other appropriete clauses in 40 CFR to the recipient setting forth the general in writing of: 33.1030 apply to that work e!igible for EPA nature and monetary extent of such claim (1)Subsurface or latent physical conditions assistance to be performed under this The recipient may extend the 3r1-day period. at the site differing materially from'hose subagreement and that these clause The contractor may include the statement of indicated in this subagreement.or supersede any conflicting provisions of this claim in the notice under paragraph(2)of this (2)Unknown physical conditions at the subagreement change clause. site,of an unusual nature,differing materially 2.privity of Subagreement (e)No claim by the contractor for an from tho-e ordinarily encountered and equitable adjustment shall be allowed if generally recognized as inhering in work of This subagreement is expected:o be made after final payment under this the character provided for in this funded in part with funds from the U.S. subagreement. suhagreement. Environmental Protection Agency.Neither (bJ The following clause applies only to (b)The recipient shall n•nmptly investigate the United States nor any of its departments. subagreements for services.(1)The recipient the conditions.if it f nd�that conditions agencies or employees is,or will be,a party may at any time.by written order make materially differ and will cause an increase to this subagreement or any lower tier changes within the general scope of this or decrease in the contractor's cost or the subagreement.This subagreement is subjeh subagreement in the general or work to be time required to perform any part of the work to regulations contained in 40 CFR Part 33 in performed.U such changes cause or increase under this subagreement,whether or not effect on the date of the assistance award for or decrease in the contractor's cost or time changed as a result of such conditions.the this project required to perform any services under this recipient-hell make an equitable adjustment 3.Changes subagreement,whether or not Changed by and modify the subagreement in writing. a)The o ow•in clause applies only to an order•the recipient shall make an (c)No claim of the contractor under this ( f ' g pp f y P subogn:emeru for construction.(1)The equitable adjustment and modify this clause shal!be allowed unless the contractor recipient may at any time•without notice to subapJePment in writing.The contractor must has given the notice reouired.in paragraph(a) of this clause.Howev any surety.by written order designated or assert any claim for adjustment under this e.the recipient may r extend the time prescribed in paragraph(a) indicated to be a change order.make.any clause in writing within 30 days from the date change in the work within the general scope it receives the recipient's notification of (d)No claim by the contractor for an of the subagreement•including but not limited change.unless the recipient grants additional equitable adjustment shall be allowed if to charges: time before the date of final payment. asserted after final payment under this (i)In the specifications(including drawings (2)No services for which the contractor subagreement. and designs): will charge an additional compensation shall S.Suspension of Work (ill In the time,method or manner of be furnished without the written The following clause applies only to performance of the work: authorization of:he recipient eonstrurtion subagneements.(a)The recipient (iii)In the recipient-furnished facilities. (c)The following clause applies only to may order the contractor in writing to equipment materials,services or site.or subWeements for supplies.(i)The recipient suspend.delay or-interruot ell or any part of (iv)Directing acceleration in the may at any time.by written order and the work for such period of time as the performance of the work. . without notice to the sureties.change the recipient may determine to be appropriate for (2)A change order shall also be any other general scope of this subagreement in any the convenience of the recipient written order(including erection,instruction, one or more of the following: (b)If the performance of all or any part of interpretation or dPte mmatior.)from the (f)Drawings,designs or specifications the work is suspended.delayed or recipient which causes any ihaage,provided when the supplies tc be ftraisheri are interrupted for an unreasonable period of the contractor give-the recipient written specifically manufactured for the recipient: time by an act of the recipient in notice stating the date.circumstances and (v)Method of shipment or packing:and grlrninis ration of this s ibaeraement or by source of the order and that the contractor (iii)place of delivery. the'BciviPrt•s failure to act wi:hin the time regards the order as e.rhange order. Change causes an increase or (3)Except a.s pviaed in this clause,no de(2)1i pry ek specified in this subagreement(or if no time ro order,statement ro conduct of the recipient crease in the cost or the time required to is specified,within a reasonable time),the shall be treated ea a change under:his clause perform any p�of the work under this remp—rit shall make an adjustment for any or entitle the contractor toe equitable subagreemenL whether or not changed by increase in the cost of pe.formance of this or art tle the any such order.the recipient shall make an subagreement(excluding profit)necessarily ju tf any change trader this clause causes equitable adjustment in the subagreement caused by such unreasonable suspension• an increase or decrease in the contractor's agreement price or delivcy acheduie,or both, delay or inte.^•t:ption and modify the contract cost or the time required to pe:fo m any part and modify the subara•eement in writing.The writing.However.-o adjustment shall be of the work under this contract whether or contractor must assert an•claim for made under this clause for any suspension. not changed by any order.ire recipient shall adjustment under this clause within 30 days delay o�intenrup"Ozz to:he extent(I)that from the date the contractor receives the e-fo-mance would have been so suspended. make an equitable adjustment and modify the P subagreement in writing.Except for claims recipient's nonf;cation of change.If the delayed or interrupted by any other cause. recipient decides that the facts justify such breed on defective specifications.no claim includinb the fault or negligence of the for ary change under paragraph(a)(2)above action,the recipient may receive and act contractor.or(2)for which an equitable upon any such claim asserted at any time adjustment is rov ided for or excluded under shall Ire allowed for any costa incurred more P before final payment under thin than 20 days before the contractor gives any other provision of this sube f.eement subagreement-Where the cost of property c No claim under this clause shall be writter.notice as required in perag aph(e)(2). made obsolete or excess as a result of e (C) _-} In the case of defective specifications for allowed(1)to:any costs incurred more than char. a is included in the contractor's claim .' which cite recipient is respnnsihle,the for adjustment.the recipient her the right to 20 daps before the contractor notified the equitable adjustment shell include any presr-ihe the manner of d0position of such recipient in wTi+ittg of the act,or failure to increased cost the contractor reasonably prcperty Nothing in this-lease shall excuse act.involved(this requirement does not apply incurred in attempting to comply with those the eentractor from proceeding with the to a claim resulting frum a suspension order). defective specifications. subagreement from changed. and(2)unless the amount claimed is asserted (S)If the contractor intends to assert a in writing as soon sit practicable after the claim for an equitable adjustment under this 4.Differing Site Conditions termination of such suspension.delay or clause.he must widen 30 days after receipt The/oilow•ing clause applies only to interruption.but not later than the date of of a written change order under paragraph(a) eonst.-trciion subogreements.(a)The final payment under the subagreement.