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formance of this lease. The Lessee shall also pay all other packing, handling, and transportation charges, including the expenses of reinstalling the property or processing it for extended storage, except that the Lessee's responsibility for return transportation charges shall not exceed the amount required to return the property to the place specifically named above. Further, if the Contracting Officer designates a place to which the property is to be returned other than that specifically named above and if the time required to return the property to such other place exceeds the time required to return the property to the place specifically named above, then the time for which the Lessee must pay rent under clause 5 shall be reduced by the amount of such

excess.

11. The property is leased without operators. Any operator deemed incompetent by the Contracting Officer shall be removed from the property.

12. Upon request of the Lessee, the Contracting Officer shall furnish without charge, copies of such drawings, specifications or instructions as the Lessee may require for the operation or repair of the property and as may in the discretion of the Contracting Officer be reasonably available.

13. The Government shall not be responsible for damages to property of the Lessee or property of others, or for personal injuries to the Lessee's officers, agents, servants, or employees, or to other persons, arising from or incident to the use of the property herein leased, and the Lessee shall save the Government harmless from any and all such claims: Provided, That nothing contained in this Clause 13 shall be deemed to affect any liability of the Government to its own employees.

14. At all times the Contracting Officer shall have access to the job site whereon any of the property is situated, for the purposes of inspecting or inventorying the same, or for the purpose of removing the same in the event of the termination of this lease.

15. Control of Government Property. The Manual for Control of Government Property in Possession of Contractors set forth in Appendix B of the Armed Services Procurement Regulation is incorporated by reference and made a part hereof.

16. Officials Not To Benefit. No member or delegate to Congress, or resident commissioner, shall be admitted to any share or part of the lease, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this lease, if made with a corporation for its general benefit.

17. Covenant Against Contingent Fees. The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission,

percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annual this lease without liability or in its discretion to require the Lessee to pay, in addition to the contract price or consideration, the full amount of such commission, percentage, brokerage, or contingent fee.

18. Disputes. Except as otherwise provided in this lease, any dispute concerning a question of fact arising under this lease which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Lessee. Within 30 days from the date of receipt of such copy, the Lessee may appeal by mailing or otherwise furnishing to the Contracting Officer a written appeal addressed to the Secretary, and the decision of the Secretary or his duly authorized representative for the hearings of such appeals shall, unless determined by a court of competent jurisdiction to have been fraudulent or capricious or arbitrary or so grossly erroneous to imply bad faith, or not supported by substantial evidence, be final and conclusive: Provided, That, if no such appeal is taken, the decision of the Contracting Officer shall be final and conclusive. In connection with any appeal proceeding under this clause, the Lessee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Lessee shall proceed diligently with the performance of the lease and in accordance with the Contracting Officer's decision.

19. Adjustment of Rentals-State or Local Taxation. Except as may be otherwise provided, the rental rates established in this lease do not include any State or local tax on the property herein leased. If and to the extent that such property is hereafter made taxable by State and local governments by Act of Congress, then in such event the lease shall be renegotiated.

20. Except as otherwise specified in this lease, all notices to either of the parties to this lease shall be sufficient if mailed in a sealed postpaid envelope addressed as follows:

To the Lessee

(Name)

(Address)

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21. Definitions. As used throughout this lease, the following terms shall have the meanings set forth below:

(a) The term "Secretary" means the Secretary, the Under Secretary or any Assistant Secretary of the Department and the head or any assistant head of the executive agency; and the term "his duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized to act for the Secretary.

(b) The term "Contracting Officer" means the person executing this lease on behalf of the Government, and any other officer or civilian employee who is a properly designated Contracting Officer; and the term includes, except as otherwise provided in this lease, the authorized representative of a Contracting Officer acting within the limits of his authority.

22. This agreement shall be subject to the written approval of the Secretary of the Army or his duly authorized representative and shall not be binding until so approved.

23. Alterations. The following changes were made in this lease before it was signed by the parties hereto:

In witness whereof, the parties hereto have executed this lease as of the day and year first above written.

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(Secretary)

Subparts F-WW-[Reserved]

Subpart XX-Supply of Procurement Forms

§ 606.5001 Forms stocked by Adjutant General publications centers.

(a) Unless otherwise indicated, the procurement forms prescribed in ASPR and APP are procured by The Adjutant General and are stocked in Adjutant General publications centers. Requisitions for procurement forms shall be submitted through normal publications supply channels (see AR 310-1).

(b) Department of the Army Pamphlet 310-2 lists by category and number all blank forms prescribed for use throughout the Department of the Army. Most procurement forms are available either as cut sheet forms or as multiple part manifold forms. When forms are available in various constructions, requisitions shall indicate the particular construction desired; e.g., Standard Form 21 (Cut Sheet).

§ 606.5002 Forms not stocked by Adjutant General publications centers.

Certain procurement forms of limited application are not printed or stocked by The Adjutant General and local reproduction is authorized in Department of the Army Pamphlet 3102. Such forms are identified by the letter "R" following the form number; e.g., DA Form 1229-R.

§ 606.5003 Reproducible masters.

(a) The Adjutant General normally does not stock reproducible masters of procurement forms. He may, however, authorize local purchase of reproducible masters when the cognizant head

of procuring activity has approved their use.

(b) Contracting officers shall forward requests for the use and local purchase of reproducible masters (hectograph, stencil, offset) by letter to the cognizant head of procuring activity for approval of their use. Requests shall include—

(1) The proposed distribution list of each form and the number of copies required for each addressee;

(2) Justification for the requirement for each copy;

(3) The number of procurements for which each form is used in a 6-month period; and

(4) The number and type of reproducible masters for which approval is requested.

(c) If the cognizant Head of Procuring Activity approves the use of the reproducible masters requested, he shall forward the approval to HQDA (DAAG-PAM) for authority to purchase reporducible masters locally in accordance with AR 310-1.

(d) If the Adjutant General authorizes the local purchase of the reproducible masters (blanket approvals shall not be given), the contracting officer shall

(1) Purchase reproducible masters in quantities for current operational needs and not to exceed a 6-month supply; and

(2) Insure that reproducible masters purchased do not deviate from the approved form in format, size, or content, except that repetitive entries such as the name and address of the purchasing office may be included in the construction thereof.

(e) Except where the reverse of a form, e.g., DD Form 1155r, is available from Adjutant General publications centers, approval by The Adjutant General for local purchase of a reproducible master includes authority for local purchase of the reverse of the form.

(f) Contracting officers are not required to obtain authority for the use of reproducible masters stocked in publications depots. Such reproducible masters may be obtained by requisition upon the publications depots.

[34 FR 9531, June 18, 1969, as amended at 37 FR 7088, Apr. 8, 1972]

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§ 608.151 Responsibility for new construction.

(a) The Chief of Engineers has been assigned the responsibility for the direction of all work pertaining to new construction for the Department of the Army. New construction includes the advance planning; preparation of plans, specifications, and estimates; design; erection; budgeting and allocation of funds; issuance of directives; and provision of labor, material, equipment, supplies, and transportation necessary for initial erection or installation of any building structure, plant, ground facility, utility system, wharf, airfield, or other real property for the Department of the Army built separately or apart from existing facilities. In the execution of new construction, the Chief of Engineers is charged with the application of Department of the Army construction policies including conformance with construction standards, suitability of the project, and technical and engineering accuracy.

(b) All work under the supervision of the Corps of Engineers, U.S. Army, including new work and modifications to work previously authorized, shall be accomplished by formal directive issued by the Chief of Engineers. The following officials, however, are authorized to accomplish emergency construction and necessary repair work for all installations/activities under their jurisdiction (see Army Regulations in the 415 and 420 series)—

(1) Major oversea commanders; (2) Major commanders in the United States, its territories and possessions; (3) Attaches;

(4) Chiefs of foreign missions (Army); and

(5) Chiefs of Army sections of any joint military missions not operating under the jurisdiction of a major oversea command.

Subparts B-C―[Reserved]

Subpart D-Architect-Engineer Selection Procedures

§ 608.402 Selection.

§ 608.402-1 Selection policy.

The U.S. Army Corps of Engineers has been assigned responsibility for Department of the Army implementation of DOD directives pertaining to uniform standards for the employment and payment of architect-engineer services (see § 591.450-5 of this chapter).

§ 608.402-3 Special approval of selections.

Requests for approval of selections by the Secretary of the Army or the Assistant Secretary of Defense (Installations and Logistics) shall be forwarded through the Office, Chief of Engineers, to the addressee in § 591.150(b)(1) of this chapter. Requests shall contain information in support of the proposed selection with sufficient facts to show compliance with ASPR and other DoD requirements.

Subpart E-Foreign Purchases and Construction in Foreign Countries

§ 608.508 Exceptions.

§ 608.508-1 Nonavailability in the United States.

Letter requests for Secretarial approval shall contain the information required by § 596.103-2(c) or § 596.8052(a), as applicable and shall be forwarded through the cognizant head of procuring activity to the addressee in § 591.150(b) (6) of this chapter. [35 FR 18051, Nov. 25, 1970]

§ 608.508-2 Unreasonable costs or impracticability.

Letter requests for Secretarial approval shall contain the information required by § 18.509-3 of this title and § 596.805-2(a) of this chapter when applicable and shall be forwarded through the cognizant head of procuring activity to the addressee in § 591.150(b)(6) of this chapter. [35 FR 18051, Nov. 25, 1970]

§ 608.509 Procedures.

§ 608.509-3 Evaluation of bids and proposals.

Proposed awards requiring approval at Departmental level shall be forwarded through the cognizant head of procuring activity to the addressee in § 591.150(b)(6) of this chapter.

[35 FR 8567, June 3, 1970]

Subpart F-[Reserved]

Subpart G-Labor Standards for Contracts Involving Construction

§ 608.704 Administration and enforcement.

§ 608.704-2 Wage determinations.

The Assistant Secretary of the Army (Installations and Logistics) has delegated to the Chief of Engineers, with authority to redelegate to a designee at a level no lower than the head of procuring activity, the authority to submit a written request to the Solicitor of Labor for an extension of the expiration date of a wage determination under the circumstances in § 18.704-2(a)(5) of this title. This delegation of authority is published in § 591.5102(b)(14) of this chapter.

§ 608.704-12 Contracting officer's report. The report required by § 18.704-12 of this title is an exempt report, paragraph 7-2t, AR 335-15.

§ 608.704-14 Contract termination reports. The report required by § 18.704-14 of this title is an exempt report, paragraph 7-2t, AR 335-15.

§ 608.704-16 Overtime and liquidated damages under the Contract Work Hours Standards Act.

The Assistant Secretary of the Army (Installations and Logistics) has delegated to the Chief of Engineers, with authority to redelegate to a designee at a level no lower than the head of procuring activity, the authority to

(a) Recommend to the Solicitor of Labor that liquidated damages in excess of $100 be waived or adjusted under the conditions stated in § 18.704-16 of this title.

(b) Waive or adjust liquidated damages of $100 or less under the conditions stated in § 18.704-16 of this title. This delegation of authority is published in § 591.5102(b)(14) of this chapter.

§ 608.705 Construction Labor Standards Report.

(a) Reports shall be forwarded through the cognizant head of procuring activity to the Labor Advisor, Office of the Assistant Secretary of the Army (Installations and Logistics), Washington, DC 20310.

(b) Reports Control Symbol SAOSA41 has been assigned this report, which shall be prepared in accordance with instructions in § 18.705 of this title.

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