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12936 Federal Register / VoL 48, No. 80 / 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
<br /> agreement or understanding for a and other services: subagreement or as a termination settlement-
<br /> commission,percentage.brokerage or (2)The contractor shall perform the under this subagmement 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 subagreement 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 liability 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 subagreatrent final
<br /> or consideration.or otherwise recover the full drawings,designs.specifications,reports and payment under this subagreement or
<br /> amount of such commission,percentage, incidental work or materials furnished settlement upon termination of this
<br /> brokerage or 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 /> adequacy of his work.Neither the owner's his sureties under this subagreement or
<br /> (a)If the recipient finds after a notice and nor EPA's review.approval.acceptance or applicable performance and payment bonds.
<br /> bearing that the contractor 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—P,..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 1 311105 Applicability and scope of this
<br /> official.employee or agent of the recipient (4)The contrartn:shall be,and shall subpart
<br /> the State or EPA in an attempt to secure a remain,liable in accordance with applicable Me subpart sets forth EPA's
<br /> :warding. or favorable treatment in law for all damages to the owner or EPA administrative process for the rapid
<br /> awarding,amending or making any caused by&.,-contractor's negligent
<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 subagreement except for errors, the award official.
<br /> written notice to the contractor.terminate omissions or other deficiencies to the extent 533.1110 Recipient protest procedures,
<br /> this subagreement The recipient may also attributable to the owner.owner-furnished
<br /> pursue other rights and remedies that the law data or any third party.The contractor&hall (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 wbich the recipient project caused by r.:rcumstances beyond the consideration of initial protests
<br /> bases such findings shall be in issue and may contractor's control. concerning their solicitations or contract
<br /> be reviewed in proceedings under the (5)The contractor's obligations under this awards.A"protest"is a written
<br /> Remedies clause of this subagmement clause are in addition to the contractor's
<br /> fb)Jr.the event this subscieement is other exnress or implied assurances under complaint concerning the recipient's
<br /> terminated as provided in paragraph(a),the We subagreement or State law and in no way sclitatatioeor award of a subagreemenL
<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 contractor as it could pursue in have against the contractor for faulty party with a direct financial interest
<br /> the event of a breach of the subagreement by materials.equipment or work. edveraaly affected by a recipient's
<br /> the contractor.and as a penalty,in addition (b)The 1611nM:ing clause a,gralies only to procurement action (see $33.1130
<br /> to any other damages to which It may be subogreemen-4-{or consrl+rcL•'an.(1)The "Review of protest appeal").
<br /> entitled by law,he entitled to exemplary contractor agrees to perform all work under (b)The recipient.shoulld review each
<br /> damagis in an s-olint fas determined by the this subagreement in accordance with this protest received to determine whether it
<br /> recipient)which stall be not less than three agreement's designs,drawings and
<br /> rnr afore i;:an ten times the costs the sprri'rations, is appropriate to defer the protested
<br /> contrncta:tracurs is prodding any such ;::)Toe eortrartor guarantees for a period procurement action.
<br /> gratuities to any such officer or erployee. of at lees,one(1)year f.^om the date of (c)If the recipient does not defer the
<br /> U.guy American substantial completion of the work that the procurement action,it assumes the risk
<br /> completed work is free from a•defects due to that the award official may disallow the
<br /> This clause applies only to construction faulty materials,equipment or workmanship cost of the pretested procurement action
<br /> subagneerrenu award under 40 CFR pr--t 35 and that he shall promptly crake whatever if the protest appeal is upheld.
<br /> Sul banns E and 1.In&=ordance with section a.justments or corrections which may be
<br /> 215 of the Crean Water Act(33 U.S.C.12:1 et necessary to cure any defects,including §33.1116 Protest appeal.
<br /> seq.)and implementing EPA regulations.the repairs of itnv damage to other parts of,he
<br /> contractor agrees that preference w;!u be sys:ez::es :;:;g-an:such defects.The (a)A part K''`a Enarciai interest
<br /> given to domestic construction material by owner shall proms qtly give notice to the which is adversely affected by the
<br /> the contractor.subcontractors.aaterialmen cnrtrac,ar of observed defects.to the event recipient's decision on the initial protest
<br /> and suppliers is the performance of this that the contractor fails to make adjustments. nay file a'brotest appeal"with the
<br /> sobagmer rent rrpsirs,corrections or other work made award official.
<br /> 13.Responsibility of the Contractor necessary by such defects,the owner may do
<br /> so and charge the contractor the cost ro)'4"protest appeal"is a written
<br /> (o)The Jol/owbW clause applies only to incurred.The performance bond shall remain complaint filed with the award official
<br /> cub'Wremcnifo.services.(1)The in full force and effect through the guarantee regarding the recipient's determination
<br /> contractor is responsible for the professional period. of a protest.
<br /> quality,technical accuracy,timely (3)The commetor's obligations under this
<br /> completion and coordination of all designs. clause are in addition to the contractor's 133.1120 Umttations on protest appeals,
<br /> drawings,specifications.reports and other other express or implied assurances under (a)The award official shall not accept
<br /> services furnished by the contractor under this subagreement or State law and in no way a protest appeal until the protester hits
<br /> this subasteement If the subagreement diminish any other rights that the owner may •
<br /> Involves enviro�roental measurements or against, Y exhausted all administrative remedies et
<br /> data seneratinn.the contractor shell comply have materials.a ripe contractor for faulty the recipient level.
<br /> � P Y materials,eoui�rrcr,or work.
<br /> with EPA ousliry essurance requirements in (b)A protest appeal is limited to the
<br /> 40 CFR 30-1W.i cap contractor shall.without 14.Final Pay-mert followinz
<br /> additional compensation.correct or revise Upon satisfactory completion of the work (1)lssues arising under the
<br /> any errors,omissions or otter-defidencirs in perfnrned,—lit:this slrbegrperrent as a procurement provisions of this Part,or
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