In accordance with the requirements of § 7.104-42, insert the appropriate clause therein.

§ 7.1003-12 Order of precedence.

In accordance with § 7.104–56, insert the clause set forth therein.

[30 F.R. 14091, Nov. 9, 1965]

§ 7.1004 Additional clauses.

The following clauses shall be inserted when it is desired to cover the subject matter thereof in such contracts.

§ 7.1004-1 Alterations in contracts.

The clause in § 7.105-1 may be inserted. § 7.1004-2 Approval of contract.

The clause in § 7.105-2 may be inserted. § 7.1004-3 Taxes where foreign agreements do not apply.

In accordance with the instructions in § 11.404 of this chapter, in contracts to be performed outside the United States, its possessions, and Puerto Rico, the clause therein may be inserted.

Subpart K-Clauses for Indefinite

Delivery Type Contracts

SOURCE: The provisions of this Subpart K appear at 30 F.R. 14091, Nov. 9, 1965. § 7.1100 Scope of subpart.

This subpart sets forth special uniform contract clauses for indefinite delivery type contracts as defined in § 3.409 of this chapter. These clauses are to be used in addition to other required or applicable clauses.

§ 7.1101 Required clause-ordering.

The clause set forth below shall be inserted in indefinite delivery type contracts.

ORDERING (August 1965)

(a) Supplies or services to be furnished under this contract shall be ordered by the issuance of delivery orders by the

(activity)

(b) All delivery orders issued hereunder are subject to the terms and conditions of this contract. This contract shall control in the event of conflict with any delivery order.

If desired and appropriate, a provision for the placing of oral orders may be added to the contract: Provided, That procedures have been established for obligating funds.

§ 7.1102 Clauses to be used when applicable.

§ 7.1102-1 Definite quantity contracts. Insert substantially the following clauses.

(a) Delivery order limitations. DELIVERY ORDER LIMITATIONS (AUGUST 1965)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than the Government shall not be obligated to purchase, nor the contractor obligated to furnish, any supplies or services under this contract.

(b) Maximum order. The Contractor shall not be obligated to honor:

(i) any order for a single item in excess of ------;

(ii) any order for a combination of items in excess of __.

-----

(iii) a series of orders from the same ordering office in the course of --- days which in the aggregate call for quantities of items to the extent that the aggregate is in excess of the limitations provided in (i) and (ii) above.

(c) Notwithstanding the foregoing, the Contractor shall honor any order received which exceeds the maximum order limitations set forth above unless the order or orders which exceed the maximum limitations are returned to the issuing office within days from the date of issue thereof, together with written notice of intent not to make shipment of the items called for and the reasons therefor. Upon receipt of this notice, the Government may secure the supplies from another source.

(b) Definite quantity.

DEFINITE QUANTITY (AUGUST 1965)

(a) This is a definite quantity, indefinite delivery contract for the supplies or services specified in the Schedule, and for the period set forth therein.

(b) The Government shall order the quantity of supplies or services specified in the Schedule, and the Contractor shall furnish those supplies or services when ordered by the Government. Delivery or performance shall be made to locations to be designated by the Government in orders issued in accordance with the clause entitled "Ordering" set forth in the Schedule. There shall be no limitation as to the number of orders which may be issued, subject to any limitations on quantities set forth in the clause of this

contract entitled "Delivery Order Limitations", if any, or in the Schedule.

(c) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, and the rights and obligations of the Contractor and the Government respecting that order shall be governed by the terms of this contract as fully and to the same extent as if completed during the effective period of this contract: Provided, That the Contractor shall not be required to make any deliveries under this contract after

(date)

(d) The Government may issue orders which require delivery to or performance at multiple destinations.

§ 7.1102-2 Requirements contracts.

(a) Delivery order limitations. Insert substantially the clause set forth in § 7.1102–1 (a), adding the following paragraph:

(a) The Government is not required to order a part of any one requirement from the Contractor when such requirement exceeds the maximum order limitations set forth in (b) above.

(b) Requirements.

REQUIREMENTS (AUGUST 1965)

(a) This is a requirements contract for the supplies or services specified in the Schedule, and for the period set forth therein. Delivery of supplies or performance of services shall be made only as authorized by orders issued in accordance with the clause entitled "Ordering". The quantities of supplies or services specified herein are estimates only, and are not purchased hereby. Except as may be otherwise provided herein, in the event the Government's requirements for supplies or services set forth in the Schedule do not result in orders in the amounts or quantities described as "estimated" or "maximum" in the Schedule, such event shall not constitute the basis for an equitable price adjustment under this contract.

(b) Except as otherwise provided in this contract, the Government shall order from the Contractor all the supplies or services set forth in the Schedule which are required to be purchased by the Government activity identified in the "Ordering" clause.

(c) The Government shall not be required to purchase from the Contractor, requirements in excess of the limit on total orders under this contract, if any.

(d) Orders issued during the effective period of this contract and not completed within that time shall be completed by the Contractor within the time specified in the order, and the rights and obligations of the

Contractor and the Government respecting those orders shall be governed by the terms of this contract to the same extent as if completed during the effective period of this contract: Provided, That the Contractor shall not be required to make any deliveries under this contract after

(date)

(e) If delivery of any quantity of an item covered by the contract is required by reason of urgency prior to the earliest date that delivery may be specified under this contract and if the Contractor will not accept an order providing for the accelerated delivery, the Government may procure this requirement from another source.

(f) The Government may issue orders which provide for delivery to or performance at multiple destinations.

(1) When it is desired to use a requirements contract for nonpersonal services and supplies incidental thereto, covering requirements estimated to be in excess of a specific activity's internal capabilities of performance, the following shall be inserted in paragraph (a) of the clause after the third sentence:

These quantities are not the total requirements of the activity named in the Schedule; they are estimates of requirements in excess of the quantities which such activity may itself furnish within its own capabilities.

Delete paragraph (b) of the clause and substitute the following:

(b) Except as otherwise provided in this contract, the Government shall order from the Contractor all the requirements for supplies and services of the Government activity named in the Schedule in excess of the quantities which the activity may itself furnish within its own capabilities.

requirements

(2) When subsistence for both troop issuance and resale have been included in the same Schedule and it is contemplated that similar products will be procured on a “brand name" basis, include the following paragraph (g) in the clause set forth above:

(g) The requirements referred to in this contract are for items to the manufactured according to Government specifications, and notwithstanding anything to the contrary stated herein, the Government may procure similar products by "brand name" for resale purposes from other sources.

(3) Where a requirements type contract is used to procure work (e.g., repair, modification, overhaul) on existing items of Government property, it shall

be specifically stated in the Schedule that failure of the Government to furnish such items in the amounts or quantities described as "estimated" or "maximum" in the Schedule will not entitle the contractor to any equitable adjustment in price under the "Government Property" clause of such contract.

(c) Area requirements. A clause similar to the following may be used when it is not known where the supplies or services will be required.

AREA REQUIREMENTS (August 1965)

Each item is divided into two (2) subitems. Sub-item A is for delivery of the item to destinations East of the Mississippi River within the Continental United States. Subitem B is for delivery of the item to destinations West of the Mississippi River within the Continental United States, excluding Alaska. With respect to each item, the Government shall order, except as hereinafter set forth, all the purchase requirements of which are for delivery to

(activity)

any destination East of the Mississippi River, from the Contractor awarded sub-item A, and shall order all of its purchase requirements for delivery to any destination West of the Mississippi River from the Contractor awarded sub-item B.

§ 7.1102-3 Indefinite quantity contract.

(a) Delivery order limitations. Insert the clause set forth in § 7.1102-1 (a). (b) Indefinite quantity.

INDEFINITE QUANTITY (AUGUST 1965)

(a) This is an indefinite quantity contract for the supplies or services specified in the Schedule and for the period set forth therein. Delivery or performance shall be made only as authorized by orders issued in accordance with the "Ordering" clause of this contract. The quantities of supplies or services specified herein are estimates only and are not purchased hereby.

(b) The Contractor shall furnish to the Government, when and if ordered, the supplies or services set forth in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Orders issued during the effective period of this contract and not completed within that time shall be completed by the Contractor within the time specified in the order, and the rights and obligations of the Contractor and the Government respecting those orders shall be governed by the terms of the contract to the same extent as if completed during the effective period of this contract: Provided, That the Contractor shall

not be required to make any deliveries under this contract after

(date)

(d) The Government may issue orders which provide for delivery to or performance at multiple destinations.

Subpart L-Clauses for Mortuary
Services Contracts

SOURCE: The provisions of this Subpart L appear at 30 F.R. 14895, Dec. 2, 1965.

§ 7.1200 Scope of subpart.

This subpart sets forth uniform contract clauses for mortuary services (care of remains) contracts (see Subpart I, Part 4 of this chapter).

§ 7.1201 Required clauses for other than port of entry requirements contracts. The following clauses shall be inserted in all care of remains contracts except those for port of entry requirements. § 7.1201-1

Requirements.

REQUIREMENTS (OCTOBER 1965)

(a) This is a requirements contract for the supplies or services specified in the Schedule, and for the period set forth in this contract. Delivery of supplies or performance of services shall be made only as authorized by orders issued in accordance with the clause entitled "Delivery Orders and Invoices". The quantities of supplies or services specified herein are estimates only and are not purchased hereby. Except as may be otherwise provided herein, in the event the Government's requirements for supplies or services set forth in the Schedule do not result in orders in the amounts or quantities described as "estimated" or "maximum" in the Schedule, such event shall not constitute the basis for an equitable price adjustment under this contract.

(b) The Government shall order from the Contractor all the supplies, services, and transportation set forth in the Schedule which are required to be purchased by the Government activity named herein, and the Contractor shall furnish to the Government such supplies, services, and transportation as may be ordered by the Contracting Officer. The Government, however, reserves the right not to order supplies and services under this contract in instances where the body is removed from the area for medical, scientific, or other cogent reason. In the event of an epidemic or other emergency, the Contractor shall not be required to provide services in excess of the capacity of his facilities.

§7.1201-3 Area of performance.

AREA OF PERFORMANCE (OCTOBER 1965) (a) The area of performance is specified in Attachment 1 to this contract. This contract includes taking possession of the remains at the place where they are located, transporting them to the Contractor's place of preparation and transporting them thereafter to a place designated by the Contracting Officer. The Contractor shall not be entitled to reimbursement for transportation (see Item 5 of the Schedule) when both the place where the remains were located and the delivery point are within the area of performance.

(b) If remains are located outside the area of performance, the Government may call on the Contractor or obtain the services elsewhere. If the Government calls on the Contractor, the Contractor shall be paid the amount per mile indicated in the Schedule under Item 5 for the number of miles required to transport the remains by a reasonable route from the point where located to the boundary of the area of performance. If the Government elects to have the remains brought into the area of performance by some other means it may require the Contractor to perform after the remains are within the area of performance.

(c) The Government may require the Contractor to deliver remains to any point within one hundred (100) miles of the area of performance. In this case the Contractor shall be paid the amount per mile indicated in the Schedule under Item 5 for the number of miles required to transport the remains by a reasonable route from the boundary of the area of performance to the delivery point.

(vi) the address to which invoices for services rendered under this contract shall be sent. Amendments to delivery orders may be made by the Contracting Officer issuing the order. Each delivery order or change order shall cite the funds from which payment for the supplies or services ordered shall be made.

§ 7.1201-7 Delivery and performance. DELIVERY AND PERFORMANCE (OCTOBER 1965)

Except as otherwise herein provided, the Contractor shall furnish the material ordered and perform the services specified in each case as promptly as possible but in no event later than thirty-six (36) hours after the Contractor has received notification to remove the remains, exclusive of the time necessary for the Government to inspect and check results of preparation. The Government may, at no additional charge, require the Contractor to hold the remains for an additional period not to exceed seventy-two (72) hours from the time the remains are casketed and final inspection completed.

§ 7.1201-8 Subcontracting.

SUBCONTRACTING (OCTOBER 1965)

No contract shall be made by the Contractor with any other party for furnishing any of the work or services herein contracted for without the written approval of the Contracting Officer. This provision does not apply to contracts of employment between the Contractor and his personnel. § 7.1201-9 Additional default provision. ADDITIONAL DEFAULT PROVISION (OCTOBER

1965)

(a) This clause supplements the "Default" clause of this contract.

(b) This contract may be terminated for default by written notice without the ten (10) day notice specified under paragraph (a) (ii) of the "Default" clause if during the performance of this contract:

(1) The Contractor, through circumstances reasonably within his control or that of persons in his employ, performs any act or acts under or in connection with this contract, or fails in the performance of any service under this contract, and such acts or failures may reasonably be considered to reflect discredit upon the Department of Defense in fulfilling its responsibility for proper care of remains;

(ii) The Contractor, either by his own act or through persons in his employ, solicits relatives or friends of the deceased to purchase supplies or services not provided for under this contract (the Contractor may furnish supplies or arrange for services not provided for under this contract, only where such other supplies or services are voluntarily requested, selected and paid for by the representatives of the deceased);

INSPECTION (OCTOBER 1965)

All services, material, and workmanship shall be subject to inspection and test by representatives of the Government. For this purpose, the Contractor shall allow inspectors and other representatives of the Contracting Officer free access to the plant and operations at all reasonable times and shall furnish such facilities, supplies and services, as may be required.

§ 7.1201-11 Group interment.

GROUP INTERMENT (OCTOBER 1965)

Payments to the Contractor for supplies and services provided for remains to be interred as a group shall be made on the basis of the number of caskets furnished rather than on the basis of the number of persons in the group.

§ 7.1201-12 Professional requirements. PROFESSIONAL REQUIREMENTS (OCTOBER 1965)

The Contractor shall meet all state and local licensing requirements and shall furnish the highest quality of professional services. Preparation and transportation of remains shall be performed in accordance with all applicable Federal, State, and local health laws, statutes, and regulations. The Contractor shall obtain and furnish all necessary health department and shipping permits at no additional cost to the Government and shall insure that all necessary health department permits are in order for disposition of the remains.

§ 7.1201-13 Facility requirements.

FACILITY REGUIREMENTS (OCTOBER 1965) The Contractor's building shall have complete facilities for maintaining the highest standards of solemnity, reverence, and assistance to the family, and for prescribed ceremonial services. The preparation room shall be clean, sanitary, and adequately equipped.

The Contractor shall have, or be able to obtain, catafalques, church trucks and equipment for Protestant, Catholic, and Jewish services. The funeral home, furnishings, grounds and surrounding area shall be carefully maintained so as to present a clean and well-kept appearance.

§ 7.1201-14 Preparation history.

PREPARATION HISTORY (OCTOBER 1965)

For each body prepared, or in the case of group interment for each casket handled, the Contractor shall state briefly the results of the embalming process on a certificate furnished by the Contracting Officer. § 7.1201-15 Changes.

CHANGES (OCTOBER 1965)

The Contracting Officer may at any time. by a written order, and without notice to the sureties, if any, make changes in or additions to specifications, issue additional instructions, required modified or additional work or services within the scope of the contract, and change the place of delivery, method of shipment, or the amount of Government-furnished property. If any such change causes an increase or decrease in the cost of, or in the time required for, the performance of this contract, an equitable adjustment shall be made in the contract price, or time of performance, 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 thirty (30) 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 asserted at any time prior to final payment under this contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the "Disputes" clause of this contract. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.