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§ 5C-6.7001 Use of American Flag vessels.

All DMS contracts for the procurement of commodities which are to be transported on ocean vessels shall contain the following provisions:

Use Op American Flag Vessels

Any materials, commodities or equipment required under this contract which are to be transported on ocean vessels shall be transported In accordance with the provisions of Section 901 (b) of the Merchant Marine Act, 1936, as amended (68 Stat. 832, 46 U.S.C. 1241-1246).

(Implements sec. 901(b), 68 Stat. 832; 46 U.S.C. 1241-1246)

§ 5C-6.7002 Restrictive Charter clause.

All DMS contracts for the procurement of •commodities which are to be transported on ocean vessels shall contain the following Restrictive Charter clause:

Restrictive Charter Clause

(a) The Contractor agrees to Include the following Restrictive Charter clause In any charter party agreement entered Into by It for the transportation on foreign nag vessels of the material purchased here under:

"The vessel will not enter any Communist Far Last Port until after sixty days from the date of completion of discharge of the entire cargo under this charter. In the event of failure to comply with said agreement, twenty-five percent of the freight charges for ocean transportation hereunder will not be earned. Twenty-five percent of the freight charges payable hereunder will be withheld by the charterer until the owner or his authorized agent submits evidence satisfactory to the charterer that the vessel has not entered any Communist Far East

Port until after the expiration of the sij day period following such discharge un the charter, and in the absence of such < dence, the withheld portion of the chut will not be paid."

The Contractor further agrees to not the vessel owner, or his authorized ag( that in the event of violation of the prx slons of said clause all vessels of the ow may be barred from further chartering the transportation of cargoes owned by destined for the Government of the U. States of America.

(b) Promptly after expiration of the si* day period provided In the Restrictive Cb ter clause stated In paragraph (a). abc the Contractor, on the basis of the evlde furnished It by the vessel owner or his i thorlzed agent, shall determine whether vessel has complied with the above Rest: tlve Charter clause. If the Contractor termlnes that the Restrictive Charter cla has been complied with, the Contractor si pay to the owner of the vessel or his auth ized agent the aforesaid withheld twen five percent. If the Contractor determl that said Restrictive Charter clause has: been compiled with, the Contractor si notify the owner of the vessel or his auth Ized agent of such determination of vie tion of the clause and shall afford said ow or his authorized agent thirty (30) d within which to furnish to the Contrac any additional evidence which will show the satisfaction of the Contractor that I Restrictive Charter clause has not been •luted- During said thirty-day period' Contractor shall continue to withhold 1 aforesaid twenty-five percent of the freif charges. If upon the expiration of • thirty-day period the owner of the vessel his authorized agent has not establish proof satisfactory to the Contractor of ca pllance with said Restrictive Charter clau the Contractor shall advise the owner of I vessel or his authorized agent of such fli determination and shall thereafter promp pay to the Government the full amount the freight charges withheld by the Contn tor pursuant to the aforesaid Restrict Charter clause.

(c) Promptly after expiration of the slxl day period provided In the above-stated I strlctlve Charter clause, the Contractor sb furnish the Contracting Officer with a ca plete statement of the evidence submitted It by the owner of the vessel or his auth< Ized agent pursuant to the provisions of t above Restrictive Charter clause on whl the Contractor has based its determinatt that there has been compliance or noncoi pllance with said Restrictive Charter clau In the event of a determination by the Co tractor of noncompllance with said claui the Contractor shall thereafter furnish t Government, promptly after receipt by

such additional Information as may be received by It from the vessel owner or his authorized agent within the thirty-day period provided for In paragraph (b), above.

(d) Notwithstanding any other provision of this Article, the Contractor and the Government agree and stipulate that the question of compliance or noncompllanco by the vessel owner with the Restrictive Charter clause is one of fact. Consequently, If at any time after payment by the Contractor to the vessel owner or his authorized agent of the aforesaid withheld twenty-five percent the Government should discover that the vessel in question did in fact enter a Communist Par East Port before expiration of the sixtyday period provided In said clause, the Contractor shall be Indebted to and shall pay the Government in full amount of said withheld twenty-five percent of the freight charges. Conversely, If at any time after the Contractor has finally determined that there has been noncompllance with the Restrictive Charter clause and has paid the withheld twenty-five percent of the freight charges to the Government pursuant to paragraph (b) of this Article, it should be conclusively established that the vessel In question did not in fact enter a Communist Par East Port before expiration of the sixty-day period provided In the Restrictive Charter clause, the Government shall reimburse the Contractor with the full amount of the twenty-five percent of freight charges withheld by the Contractor from the vessel owner.

CHAPTER 5D—TRANSPORTATION AND

COMMUNICATIONS SERVICE, GENERAL

SERVICES ADMINISTRATION

PART 5D-1— GENERAL

Sec.

5D-1.000 Scope of part.

Subpart SD—1.1—Introduction

5D-1.101 Scope of subpart.

5D-1.102 Establishment of Chapter 5D,
General Services Administra-
tion Procurement Regula-
tions.

5D-1.103 Relationship of Chapter 5D to
the FPR and Chapter 5, GSPR.

5D-1.104 Applicability.

5D-1.105 Exclusions.

5D-1.106 Method of Issuance.

5D-1.107 Arrangement.

5D-1.107-1 General plan.

5D-1.107-2 Numbering.

5D-1.107-3 Cross-references.

5D-1.108 Citation.

5D-1.109 Deviations.

Authority: The provisions of this Part 5D-1 Issued under sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 41 CFR 5-1.101(0), 28 F.R. 4559.

Source: The provisions of this Part 5D-1 appear at 28 F.R. 8406, Aug. 16, 1963.

§ 5D-1.000 Scope of part.

This part describes the method by which the Transportation and Communications Service implements and supplements the Federal Procurement Regulations (Chapter 1 of Title 41, Code of Federal Regulations) and the GSAwide procurement policies and procedures (Chapter 5 of the General Services Administration Procurement Regulations (GSPR)). In addition, it contains policies and procedures which implement and supplement Chapter 1 and Chapter 5.

Subpart 5D-1.1—Introduction § 5D-1.101 Scope of subpart.

This subpart establishes Chapter 5D of the General Services Administration Procurement Regulations (41 CFR Chapter 5D), states its relationship to the Federal Procurement Regulations (FPR) and GSPR Chapter 5, and sets forth other introductory information.

§ 5D-1.102 Establishment of Chapter 5D, General Services Administration Procurement Regulations.

This Chapter 5D of the GSPR is prescribed by the Commissioner, Transportation and Communications Service, and is established to provide all Transportation and Communications Service (TCS) activities with additional uniform policies and procedures applicable to the procurement of personal property and nonpersonal services.

§ 5D-1.103 Relationship of Chapter 5D to the FPR and Chapter 5, CSPR.

(a) GSPR Chapter 5D implements and supplements the FPR and GSPR Chapter 5. Implementing material is that which expands upon related FPR or Chapter 5 material. Supplementing material is that for which there is no counterpart in the FPR or GSPR Chapter 5.

(b) Material published in the FPR and GSPR Chapter 5 becomes effective throughout TCS upon the effective date of the particular FPR or GSPR Chapter 5 material. Such material will not be repeated, paraphrased, or restated in Chapter 5D. Therefore, all three must be reviewed to obtain comprehensive coverage of TCS-wide procurement policies and procedures.

(c) Material in Chapter 5D implements and supplements but does not supersede the FPR or GSPR Chapter 5, unless a deviation from FPR or GSPR Chapter 5 has been authorized and such deviation is explicitly referenced. In cases of conflict or when Chapter 5D contains no related material implementing the FPR or Chapter 5, the FPR or Chapter 5 will govern.

§5D-1.104 Applicability.

Chapter 5D applies to all purchas and contracts made by TCS for the pn curement of personal property and noi personal services (including TCS-relaU construction).

§ 5D-1.105 Exclusions.

(a) Certain TCS procurement pplici and procedures which come within tJ scope of this chapter nevertheless m; be excluded therefrom when there justification. These exclusions inclw the following categories:

(1) Subject matter which bears security classification.

(2) Policies or procedures which a expected to be effective for a period less than six months.

(3) Policies or procedures which effective on an experimental basis for reasonable period.

(4) Policies or procedures pertainii to other functions of TCS, as well as procurement functions and there is ne< to make the issuance available simu taneously to all TCS employees cor cerned.

(5) When speed of issuance is esser tial, numerous changes are required, an all necessary changes cannot be mad promptly.

(b) TCS procurement policies an procedures issued in other than the FP system format under paragraphs <a> H and (5), above, will be codified inl Chapter 5D at the earliest practicab date, but in any event not later tin six months from date of issuance.

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