as the Contractor's name and contract number.

(End of clause)

[50 FR 14202, Apr. 10, 1985]

452.236-70 Prohibition Against Use of Lead-based Paint.

As prescribed in 436.570, insert the following clause in solicitations and contracts when construction of residential structures or rehabilitation (including dismantling, demolition, or removal) of residential structures is contemplated:

PROHIBITION AGAINST THE USE OF LEAD-
BASED PAINT (APR 1984)

No lead-based paint containing more than. 5 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of paint, or the equivalent measure of lead in the dried film of paint already applied, or both, or with respect to paint manufactured after June 23, 1977, no lead-based paint containing more then .06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both, shall be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts.

(End of clause)

452.236-71 Additive or Deductive Items.

As prescribed in 436.370, insert the following clause in solicitations when a fixed-price construction contract or a fixed-price dismantling, demolitation, or removal of improvements contract is contemplated and the contract amount is expected to exceed the small purchase limitation. Contracting officers may use the clause in solicitations when a resultant contract within the small purchase limitation is expected.

ADDITIVE OR DEDUCTIVE ITEMS (APR 1984)

The low bidder for purposes of award shall be the conforming responsible bidder offering the low aggregate amount for the first or base bid item, plus or minus (in the order of priority listed in the schedule) those additive or deductive bid items providing the most features of the work within the funds determined by the Government to be available before bids are opened. If addition of another bid item in the listed order of priority would make the award exceed such funds for all bidders, it shall be

skipped and the next subsequent additive bid item in a lower amount shall be added if award thereon can be made within such funds. For example, when the amount available is $100,000 and a bidder's base bid and four successive additives are $85,000, $10,000, $8,000, $6,000, and $4,000, the aggregate amount of the bid for purposes of award would be $99,000 for the base bid plus the first and fourth additives, the second and third additives being skipped because each of them would cause the aggregate bid to exceed $100,000. In any case all bids shall be evaluated on the basis of the same additive or deductive bid items, determined as above provided. The listed order of priority need be followed only for determining the lower bidder. After determination of the low bidder as stated, award in the best interests of the Government may be made to him on his base bid and any combination of his additive or deductive bid for which funds are determined to be available at the time of the award, provided that award on such combination of bid items does not exceed the amount offered by any other conforming responsible bidder for the same combination of items.