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§ 6–7.151-9 Requirements clause.

The following clause is applicable only to requirements contracts prepared in accordance with $ 1-3.405–5(b).

REQUIREMENTS CLAUSE (a) The Government agrees to purchase all of its requirements of (specific property or services) for use at (designated activities) during the period from

from the Contractor. The Government shall not, however, be obligated to make any purchases in excess of its actual requirements.

(b) The Contractor agrees to furnish up to (maximum delivery obligation) of (specific property or services) while this contract remains in effect. The Contractor shall not, however, be obligated to deliver in excess of (quantity) during any (time) period, nor less than (quantity) in any delivery.

(c) Subject to paragraph (b) above, and upon the placing of orders by the Government at least

days before the date of requested delivery, the Contractor agrees to make deliveries under this contract at any of the following designated point(s):

(d) The Government shall use a purchase order (Foreign Service Form 455) in making purchases against this contract.

with a view toward securing a contract or securing favorable treatment with respect to the awarding, amending, or the making of any determinations with respect to this contract.

(b) In the event that this contract is terminated as provided in paragraph (a) above, the Government shall have the same rights and remedies provided in the clause entitled "Default" in the General Provisions with respect to defaults of the Contractor, and any other rights and remedies provided by law or under this contract. § 6–7.151–5 Language version.

LANGUAGE VERSION The English language version of this contract shall be the official version and binding on both parties. $ 6–7.151–6 Compliance with laws.

COMPLIANCE WITH LAWS The Contractor shall comply with all applicable laws and all rules and regulations having the force of law which deal with or relate to performance hereunder, or the employment by the Contractor of the employees necessary for such performance. $ 6–7.151–7 Seller's invoices.

The following clause is applicable only to negotiated contracts.

SELLER'S INVOICES Invoices shall be prepared and submitted in quadruplicate unless otherwise specified. Invoices shall contain the following information: Contract and order number (if any), item numbers, description of supplies or services, sizes, quantities, unit prices, and extended totals. Bill of lading number and weight of shipment will be shown for shipments made on Government bills of lading 8 6–7.151-8 Discounts.

The following clause is applicable only to negotiated contracts.

DISCOUNTS In connection with any discount provided for, time will be computed from date of delivery of the supplies to carrier when delivery and acceptance are at point or origin or from date of delivery at destination or port of embarkation when delivery and acceptance are at either of those points, or from date correct invoice or voucher is received in the office specified by the Government if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing of the Government check.

$ 6–7.151-10 Indefinite quantity clause.

The following clause is applicable only to indefinite quantity contracts prepared in accordance with § 1-3.405-5(c).

INDEFINITE QUANTITY CLAUSE (a) The Contractor agrees to furnish up to (max. delivery obligation) of (specific property or services) during the period from to

to the Government. The Contractor shall not, however, be obligated to deliver in excess of (quantity) during any (time) period, nor less than (quan. tity) in any delivery.

(b) Subject to paragraph (a) above, and upon the placing of orders by the Government at least

day(s) before the date of requested delivery, the Contractor agrees to make deliveries under this contract at any of the following designated points:

(c) The Government agrees to purchase a minimum of (minimum order obligation) of (specific property or services) while this contract is in effect.

(d) The Government shall use a purchase order (Foreign Service Form 455) in placing orders against this contract up to the Gov. ernment's minimum purchase obligation, and in making purchases against this contract over the Government's minimum purchase obligation.

86–7.151-11 Contracting officer's rep

resentative. The following clause may be used in designating an authorized representative of the contracting officer (such a designee may not make any commitments or changes which will affect the price, quality, quantity delivery terms): REPRESENTATIVES OF CONTRACTING OFFICER

The Contracting Officer reserves the right to designate representatives to act for him in furnishing technical guidance and advice or, generally supervise the work to be performed under this contract. Such designation will be in writing and will define the scope and limitations of the designee's authority. A copy of the designation shall be furnished to the contractor. 86_7.151-12 Labor, supplies and equip

ment.

LABOR, SUPPLIES AND EQUIPMENT The Contractor shall furnish all labor, supplies, and equipment necessary for the performance of this contract. Necessary storage space for supplies and equipment will be furnished by the Government. 86_7.151-13 Government property.

GOVERNMENT PROPERTY Damage to, or loss of, Government property when it is due to the Contractor's negligence may result in the Contractor being held llable for repair or replacement thereof at the option of the Government.

PART 6-11-FEDERAL, STATE, AND

LOCAL TAXES Subpart 6-11.2-Exemptions From Federal Excise

Taxes Sec. 6–11.205 Exemptions from other Federal

taxes. Subpart 6-11.3—State and Local Taxes 8–11.301 Applicability.

AUTHORITY: The provisions of this part 6-11 issued under 63 Stat. 111; 5 U.S.C. 151c, 22 U.S.C. 811.

SOURCE: The provisions of this part 6–11 contained in Dept. Reg. 108.510, 29 F.R. 12076, Aug. 25, 1964.

by such agencies of the vehicles within the United States during the six-month period. The contract for sale of such vehicles must include a statement to the effect that the sale of the vehicles is made for the exclusive use of the United States and qualifies for the exemption under order of the Secretary of the Treasury dated May 6, 1964 (29 F.R. 6254). The manufacturers must be furnished proof of export within six months after the sale.

(b) Taxable articles purchased for presentation abroad as gifts to foreign dignitaries and taxable articles purchased for presentation as gifts to foreign dignitaries visiting in the United States but which are almost immediately taken out of the United States may be exempt from any retailers or manufacturers excise taxes in accordance with letter of October 18, 1963 from Chief, Excise Tax Branch, Internal Revenue Service on file in Division of Supply and Transportation Management.

Subpart 6-11.2—Exemptions From

Federal Excise Taxes $ 6–11.205 Exemptions from other Fed.

eral taxes. (a) With respect to motor vehicles purchased by the Department of State or the United States Information Agency for use by such agencies in foreign countries, the Secretary of the Treasury has granted an exemption from the federal excise tax imposed by 26 U.S.C. 4061(a) provided such vehicles are exported from the United States by such agencies within a period of six months from the date of delivery of such vehicles to the agencies, notwithstanding any use made

Subpart 6–11.3—State and Local

Taxes 86-11.301 Applicability.

In certain instances purchases by posts are exempt from various taxes in fereign countries. It is incumbent upon procurement officers to ascertain such exemptions and to take maximum ad. vantage of them.

AUTHORITY: The provisions of this part 6-60 issued under 63 Stat. 111, as amended; 63 Stat. 377, as amended.

SOURCE: The provisions of this part 6-60 appear in Dept. Reg. 108.503, 28 F.R. 14500, Dec. 31, 1963.

PART 6-60—CONTRACT APPEAL

REGULATIONS Sec. 6-60.000 Scope of part. Subpart 6-60.1-Establishment, Authority, and

Organization of the Contract Appeals Board 6-60.101 Establishment of Board. 6-60.102 Authority of Board. 6-60.102–1 Jurisdiction. 6-60.102–2 Authority. 6-60.102–3 Departmental support. 6-60.1024 Extensions of time. 6-60.103 Organization of the Board. 6-60.103–1 Membership. 6-60.103–2 Disqualification. 6-60.103-3 Permanent secretary. Subpart 6-60.2—Notification of Decision Subject

to Appeal 6-60.201 Notification of decision. 6-60.202 Action of contracting officer.

Subpart 6–60.3—Appeal Procedure 6-60.301 Filing of notice of appeal. 6-60.302 Form of appeal. 6-60.303 Duties of contracting officer. 6-60.303–1 Transmittal of notice of appeal. 6-60.303—2 Appeal file. 6-60.304 Docketing. 6-60.305 Notice to appellant. 6-60.305-1 Notice of appeal file. 6–60.305–2 Appellants option. 6-60.306 Appellants election of procedure. 6-60.307 Pre-hearing conferences. 6-60.308 Settlements. 6-60.309 Submission of information at

Board's request. Subpart 6–60.4— Procedure for Submission on the

Documentary Record 6-60.400 Procedure for submission on

the documentary record. Subpart 6-60.5— Procedure for Administrative

Hearing 6-60.501 Notice of hearings. 6-60.502 Presiding officer. 6-60.503 Representation. 6-60.504 Absence of parties. 6-60.505 Content of hearings. 6-60.505–1 Nature of hearing. 6-60.505-2 Evidence. 8-60.505-3 Examination of witnesses. 6-60.506 Motions. 6-60.507 Post hearing information.

Subpart 6-60.6—General 6-60.601 Decisions. 6-60.602 Motions for reconsideration. 6-60.603 Transcripts of hearings. 6-60.604 Releases.

86-60.000 Scope of part.

This part relates to the establishment of a Department of State Contract Appeals Board to hear and decide appeals of contractors from decisions of contracting officers arising under the disputes provision of contracts and grants, awarded and performed within the United States, or awarded to U.S. Nationals but performed outside of the United States, or performed outside of the United States by persons or business entities which have a place of business within the United States; and provides for designating the chairman and members of the Board, authorizes the Board to act, and prescribes functions, procedures and responsibilities of the Board and the other parties concerned.

These procedures do not limit the rights of the contractor or the Department of State from referring questions to the General Accounting Office.

Subpart 6–60.1-Establishment, Au

thority, and Organization of the

Contract Appeals Board 8 6–60.101 Establishment of Board.

A contract Appeals Board is established in the Department of State to hear and decide appeals of contractors from decisions of contracting officers. The Board is located in the Department of State in Washington, D.C. § 6–60.102 Authority of Board. $ 6-60.102–1 Jurisdiction.

There is hereby delegated to the Board the authority to hear, consider and make determinations on appeals arising under contracts which contain provisions requiring the determination of appeals by the head of an agency or his duly authorized representative or board. The Board may in its discretion hear, consider and decide all questions of law and fact necessary for the complete adjudication of the issue.

$ 6–60.102–2 Authority.

The Board shall have authority to take such actions as may be necessary to hear and decide appeals, including the taking of testimony and affidavits, the conduct of hearings, the holding of conferences, the dismissal of proceedings, and ordering the production of documents and other evidence. The failure of a contractor to produce documents and other evidence ordered by the Board may be grounds for dismissal of the appeal.

86-60.103–3 Departmental support.

The Board is authorized to require Department of State contracting officers and other officials to furnish the Board such information, technical data, or other assistance as the Board may require in the performance of its duties.

86-60.103-1 Membership.

The Board shall be appointed by the Assistant Secretary for Administration at such times as may be considered necessary and shall consist of not less than three (3) members, one member whom shall be from the Legal Adviser's Office, who shall be designated chairman. At the discretion of the Assistant Secretary not more than two additional members may be appointed who have technical knowledge of the subject matter of the contract involved. 86-60.10342 Disqualification.

No member shall be appointed to a Board if he has participated in the negotiation, award or administration of the contract, or has any interest directly, or indirectly, in the dispute. $ 6-60.103_3 Permanent secretary.

A permanent secretary to the Board shall be established in the Department. The permanent secretary shall docket the notice of appeal, receive all oficial correspondence, and render such other assistance as the Board may require. The permanent secretary shall not participate in the hearings or decisions of the Board.

§ 6-60.1024 Extensions of time.

The Board may grant any reasonable extensions of time except with respect to the notice of appeal, provided, that the views of all parties be considered in the decision tc extend time limits. § 6–60.103 Organization of the Board.

Subpart 6-60.2—Notification of Deci

sion Subject to Appeal

$ 6–60.201 Notification of decision.

A Department of State Contracting
Officer is required to notify a contractor
in writing, of a decision subject to appeal
arising on a contract containing such a
dispute provision. The contractor has
the right to appeal the decision to the
Board.
$ 6–60.202 Action of the contracting of.

ficer.
It shall be the responsibility of the con-
tracting officer to:

(a) Notify the Contractor in writing
of his decision on a disputed question and
indicate that the decision may be ap-
pealed within 30 days of its receipt.

(b) At the time of notification of final decision, provide the contractor with a copy of the regulations (DOSPR 6–60) concerning contractor appeals to such final decisions.

(c) Certify the date of receipt by the contractor of the notification of final decision.

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