USE OF EXCESS MILITARY PROPERTY IN FRANCE J & M ADRIAENSSENS Page 9 of 11 Part X. INVOICING: Notwithstanding the provision of Clause 4 of the General Provisions entitled "PAYMENTS" the contractor is prohibited from invoicing for partially completed items. The contractor shall invoice only upon Government acceptance of the completed item: or items. Part II. DELIVERY A. The Delivery Schedule will be in accordance with the schedule contained in each Delivery Order as agreed to by the Contractor and the Bontracting Officer. B. The delivery point shall be the Contractor's plant at Hoboken, Antwerp, Belgium or as specified by the Contracting Officer. Part XII. INSPECTION AND ACCEPTANCES A. The inspection and acceptance point in Contractor's plant Hoboken Antwerp, Belgium except as indicated below: 1. Inspection and acceptance of items repaired "on-side" under the provisions of Part I A3 shall be made at the site designated by the Contracting Officer. B. In addition to the other provisions of this contract, the Contractor shall, at the time for final inspection and acceptance, present an original and four copies of a completed and signed certificate to the Contracting Officer Beading substantially as follows: "I hereby certify that I did on the day of work on 196____, complete The Contractor certifies that there have been no variations and/or deviations from any specifications cited in the contract or other related contract terms, except those approved by the Contracting Officer or his authorized representative." Part XIII. PERIOD OF WORK INPUT OF ISSUANCE OF ORDERS: The period of input of work under this contract will commence on the effective date of the contract and will continue for a period of twelve (12) months, subject to the option provision, Part XIV below. USE OF EXCESS MILITARY PROPERTY IN FRANCE J&M ADRIAENSSENS Page 10 of 11 Part XIV. UNITED STATES GOVERNMENT OPTION A. Pursuant to Clause 39 of the General Provisions, the Contractor grants the United States Government the right to extend the period for issuance of orders up to 1 year after the expiration of Period of Work Input described above. During this period the unit prices and direct labor rates specified in Part II will remain unchanged. B. Exercise of the above option in whole or in part shall be evidenced by the issuance by the Contracting Officer of one or more change orders at any time prior to expiration of the period during which orders may be issued. Part XV. SPECIAL CONSIDERATION Prior to undertaking performance of this contract, the Contractor will be responsible for insuring that ho has complied with the laws and regulations of his Government in addition to obtaining written certification covering all licenses, permits, rights of entry, etc. directly or indirectly related to the Contractor's performance under this contract. For the purposes of Clause 17 of the General Provisions, the following areas are to be considered Soviet-Controlled Areas: Albania Bulgaria China, excluding Taiwan (Formosa), but including Manchuria, Inner Mongolia, Communist-controlled areas of Viet Nam and Communist-controlled area of Laos Cuba Czechoslovakia East Germany (Soviet Zone of Germany and the Soviet Soctor of Borlin) Estonia Hungary Latvia Lithuania North Korea Outer Mongolia Poland and Danzig Rumania Union of Soviet Socialist Republics J & M ADRIAENSSENS Page 11 of 11 Part XVII. APPROVAL CLAUSE This contract shall be subject to the written approval of the Administrator of Agency for International Development or his duly authorized representative and shall not be binding until so approved. Part XVIII. CLEARANCES TO WORK ON UNITED STATES GOVERNMENT INSTALLATIONS If the Contractor's employees are required or permitted to enter any United States military installation in the performance of this contract, the Contractor will insure that such employees comply with all requirements of the installation authorities including but not limited to the obtaining of all required clearances before departure. Part XIX. CONTRACTUAL CONTENTS This contract consists of a cover page, a DD Form 1261, Schedule consisting of 19 numbered parts, fixed price maintenance overhaul and modification General Provisions consisting of 39 numbered clauses, AID Appendix "A" dated 1 June 1964, AID Appendix "B" dated 8 June 1964, and Amendment Nr 1 thereto lated 19 October 1964. 82-554 0-67-16 USE OF EXCESS MILITARY PROPERTY IN FRANCE GENERAL PROVISIONS FIXED-PRICE MAINTENANCE OVERHAUL AND MODIFICATION CONTRACT Contract No.. CSD-720 Clause 1. DEFINITIONS (OCT. 1957) As used throughout this contract the following terms shall have the meanings set forth below: (a) The term "Secretary" or "head of the agency" means the Administrator of the Agency for International Development; and the term "his duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized to act for him. (b) The term "Contracting Officer" means the person executing this contract on behalf of the United States Government, and any other A.I.D. employee who is a properly designated Contracting Officer, provided, however, that in the case of contracts executed by an A.I.D. Washington Contracting Officer, the term shall mean an A.I.D. Washington Contracting Officer except as otherwise notified to Contractor in writing by an A.I.D. Washington Contracting Officer. (c) The term "Excess Property Office" means A.I.D.'s Excess rroperty Regional Office, Frankfurt, Germany. (a) The term "Contracting Officer's Representative" means the Officer-in-Charge of A.I.D.'s Excess Property Regional Office, Frankfurt, Germany. (e) The term "United States Government" means the United States of America. (f) Except as otherwise provided in this contract, the term "subcontracts" means any agreement, contract, subcontract or purchase order made by the Contractor with any other party in fulfillment of any part of this contract, and any agreement, contract, subcontract or purchase order thereunder. (g) The term "supplies" as used in this contract includes without limitation, the items mentioned in the clauses of this contract entitled "Inspection" and all work to be performed under this con (h) The term "Specifications" as used herein includes without limitation the statement of work to be performed upon U.S. Government equipment and/or other material being maintained, modified, reconditioned, rehabilitated, or repaired hereunder. USE OF EXCESS MILITARY PROPERTY IN FRANCE Fixed-Price Maintenance, Overhaul and Modification General Provisions, Cont'd (1) The terms "authorized by A.I.D.", "A.I.D. approval", "approval by A.I.D." and similar terms mean approval by the Contracting Officer. Clause 2. CHANGES (JAN. 1958) (a) The Contracting Officer may at any time, by a written order, and without notice to the sureties, make changes, within the general scope of this contract, in any one or more of the following: Drawings, designes, or specifications, where the supplies to be furnished are to be specially manufactured for the United States Government in accordance therewith; (11) method of shipment or packing; and (111) place of delivery. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 60 days from the date of receipt by the Contractor of the notification of change, provided, however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim as- serted at any time prior to final payment under this contract. Where the cost of property made obsolete or excess as result of a change is included in the Contractor's claim for adjustment, the Contracting officer shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes". However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. (b) If this contract is executed by an A.I.D. Washington_Contracting Officer, valid change orders may be issued only by an A.I.D. Washington Contracting Officer, or such other person as he may in writing designate for such purpose. Clause 2a. MODIFICATION OR AMENDMENT No modifications or amendments shall be made to this contract except as provided in the "Changes" Clause (see Clause 2 above) and/ or may be mutually agreed upon in writing by the Contractor and the Contracting Officer. (a) The Contractor hereby agrees to submit all invoices for payment in quintuplicate to the office having overall administrative responsibility for the contract (indicated on cover sheet hereof) in |